Mental & Testamentary Capacity Expert Witness
Questions of mental capacity sit at the heart of will contests, trust disputes, guardianship proceedings, and contract challenges. Bennett Blum, MD — an internationally recognized forensic and geriatric psychiatrist — provides attorneys with rigorous, evidence-based evaluations of testamentary capacity, mental capacity, and diminished capacity, including retrospective assessments when the individual can no longer be examined directly. His expertise has been sought by courts, government agencies, and international bodies, including the United Nations and the U.S. Senate.
Understanding Capacity in Litigation
Capacity is not a single, fixed trait. It is decision-specific and time-specific: a person may have the capacity to make one kind of decision but not another, and capacity can fluctuate with illness, medication, and cognitive decline. Courts require proof that the relevant standard was or was not met at the specific moment the decision was made.
- Testamentary capacity: the ability to understand the nature of making a will, the extent of one's property, and the natural objects of one's bounty.
- Contractual and financial capacity: the ability to understand and appreciate the consequences of financial decisions.
- Diminished capacity: cognitive impairment that affects, but may not fully eliminate, decision-making ability.
- Capacity to consent: the ability to understand and voluntarily agree to medical treatment or other significant personal decisions.
How Dr. Blum Helps Attorneys
Dr. Blum provides:
- Retrospective capacity assessment reconstructing an individual's cognitive functioning at a specific point in time
- Review and interpretation of medical records, cognitive testing, depositions, and collateral accounts
- Analysis of how dementia, delirium, psychiatric conditions, and medications affect capacity
- Clear, court-ready expert reports applying clinical findings to the relevant legal standard
- Expert witness testimony at deposition and trial
- Case consultation for plaintiff or defense
Retrospective Capacity Assessment
When a testator has died or can no longer be examined, capacity must be reconstructed from the record. Dr. Blum integrates medical documentation, contemporaneous observations, cognitive screening results, physician notes, and accounts from family, advisors, and caregivers to form a clinically grounded opinion about the individual's capacity at the relevant time — and whether a lucid interval was plausible. This retrospective methodology is among the most consequential forensic skills in estate litigation. The quality of the analysis depends on the clinician's depth of knowledge in geriatric psychiatry, dementia, and decision-making — the precise intersection of Dr. Blum's training and practice.
Why Dr. Blum
Dr. Blum is a pioneer in the evaluation of mental capacity and undue influence and has trained judges, attorneys, Adult Protective Services personnel, and government officials throughout the Western Hemisphere. His decades of combined research and case experience allow him to explain complex psychiatric and neurological concepts clearly and persuasively to courts and juries. His expertise has been sought by courts, government agencies, and international bodies, including the United Nations and the U.S. Senate.
Related Articles
Dr. Blum has written extensively on mental capacity, competency, and the clinical and legal standards that govern capacity determinations. The following resources are drawn from his professional library:
- Mental Capacity and Competency
- Mental Capacity and Litigation
- Dementia
- PARADISE-2 Protocol - Introduction
- Psychological Testing and Limitations
Inquiries from Attorneys
Dr. Blum is currently accepting a limited number of new engagements and focuses on complex, high-value, or precedent-setting matters involving undue influence and mental capacity. Attorneys with a qualifying case are invited to submit a brief case summary through the form below. Dr. Blum personally reviews each submission.
Office: 520-990-4145