"How to Measure a Client’s Mental Capacity, Potential Undue Influence & Elder Abuse"

This 90-minute presentation covers the important criteria to use when determining a client's mental capacity to execute estate planning documents.

CLE Webinar

"How to Measure a Client's Mental Capacity,
Potential Undue Influence & Elder Abuse"

Presenter: Francis Burton Doyle, Esq.
CLE: 1.5 (includes 1.5 legal ethics)
Course Description:
This 90-minute presentation covers the important criteria to use when determining a client's mental capacity to execute estate planning documents. The following methods, practices, problems and potential opportunities will be included in the webinar:

  • The practical difficulties in determining capacity
  • The legal standards of measuring "dementia"
  • The definition of "dementia"
  • "Good Days vs. Bad Days"
  • Review of Anderson v. Hunt (2011) 196 Cal. App. 4th 722
  • The lower “will's standard" for testing mental capacity of §6100.5 (applies to the will and revocable trust) vs. the more rigorous standard imposed by §811 (applicable to the Durable Power of Attorney and the Advanced Health Care Directive)
  • Issues related to different types of trusts and capacity
  • “Testamentary Disposition" vs. the “Contract" Standard
  • Issues related to Undue Influence and Financial Elder Abuse

The practical difficulties in determining capacity are formidable, and because of the Court's ruling in Andersen v. Hunt (2011) 196 Cal. App. 4th 722, the legal standards in California for measuring capacity have become muddled and pose their own significant challenges for estate planners. This on-demand webinar will provide an overview of the Andersen case. In the Andersen case, the court was confronted with the issue of whether the standard for measuring mental capacity for a person executing a revocable trust should be measured in accordance with the mental capacity standard applicable to wills as set forth in §6100.5 of the Probate Code or the “contract" standard set proscribed by §811 of the Probate Code.

The Court found that in its case the person executing the revocable trust was making a “testamentary disposition" and the will standard of §6100.5 should apply. This standard is much less rigorous than the “contract" standard set forth in §811 and requires only that the client be aware of the fact they are making a testamentary disposition; the general nature and character of their assets; and the members in their family who would be affected by their testamentary disposition.

This CLE Legal Training Package includes the following:

1) A Video Recording (MP4-immediate download) of the Live Course Session
2) A PDF/immediate download of the PowerPoint slides which were reviewed and discussed in the Live Course Session
3) A PDF/immediate download of the Comprehensive eStudy Guide of course materials and/or forms which also includes the CLE Course Evaluation and CLE Certificate of Attendance.

Attention Attorneys, Trust Administrators, Financial Planners, Fiduciaries,
CPAs and Other Wealth Planning Professionals
Avoid Costly Litigation... Protect Your Clients...
Provide Legal Counsel... Preserve Their Legacy...

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email: [email protected]

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Your CLE Instructor


Francis Burton Doyle, Esq.
Francis Burton Doyle, Esq.

Francis Burton Doyle, Esq., Founder of WealthPLAN

Attorney and founder of WealthPLAN, Frank Doyle brings over 30 years of experience in tax, estate planning, probate and trust administration. He is a Member of the State Bar of California and is certified by the California State Bar as a Certified Legal Specialist in Taxation Law and Probate, Estate Planning and Trust Law.


Frank is the co-founder of the Advanced Legal Training Institute and he is a frequent lecturer for the California Continuing Education of the Bar (CEB), National Business Institute (NBI) and Lorman Educational Seminars. He is a Professor of Law at Lincoln University School of Law where he teaches Real Property, Wills and Trusts and is a member of the Academic Standards Committee. In addition, Frank has recently received a Martindale-Hubbell® rating of AV®, which is the highest rating a lawyer can receive.

Mr. Doyle is a Member of the Board of Directors of the Santa Clara County Estate Planning Council and the Executive Board of the Silicon Valley Bar Association. He is the past president, Santa Clara County Estate Planning Council and the past chair of the Planning Committee for the annual Jerry A. Kasner Estate Planning Symposium at Santa Clara University, School of Law. Frank Doyle received his B. A. degree from Santa Clara University, his J. D. degree from the University of San Francisco Law School, and his M. S. in Taxation from Golden Gate University. Prior to founding WealthPLAN, Mr. Doyle was a shareholder at a large San Jose law firm where he specialized in tax and estate planning, trust administration and trust litigation.


CLE Webinar Curriculum


  CLE Webinar Recording
Available in days
days after you enroll
  CLE Webinar Handouts
Available in days
days after you enroll

Frequently Asked Questions


What is a CLE On Demand Webinar?
A CLE On Demand Webinar is a self-paced online program that allows you to earn continuing legal education credit at your convenience (24/7/365). Each CLE Webinar Package includes: • A Video Recording of the Live CLE Webinar Presentation (MP4) • A Copy of the PowerPoint Slides Used in the Presentation • A Copy of the CLE Course eStudy Guide which includes the Certificate Attendance and the Course Evaluation Form
When does the CLE webinar start and finish?
The CLE webinar starts now it is a completely self-paced online course -- you decide when you start and when you finish.
How long do I have access to the CLE On Demand Webinar?
After registering and purchasing the CLE webinar of your choice through Advanced Legal Training Institute, you will have immediate access to this CLE Webinar Package for as long as you like, across any and all devices that you own. All of our CLE On Demand Webinars allow for lifetime access upon purchase.
What if I am unhappy with the final CLE Webinar Package?
Each of our CLE products are digital online downloads which are delivered instantly once payment is received. We stand behind our products and your satisfaction with them is important to us. However, because the CLE Certificate of Attendance is part of our downloadable package and our legal educational products are digital goods delivered via Internet download, we generally offer no refunds. We also realize that an exceptional circumstance can occur and will be reviewed on a case-by-case basis. If you are unsatisfied with your online CLE purchase, contact us by email within 15 days of your original purchase and we will make every effort to locate another CLE On Demand Webinar/course in our CLE Online Legal Training Center that will meet your needs.
Can I share this course with my colleagues? Can multiple people be logged in to view the CLE On Demand Webinar at the same time?
No, unfortunately every member of your team needs to purchase their own training as otherwise the training will not be accredited. Access to each CLE On Demand course that is purchased is available only to the registered participant. Only you (as the account holder) can access the course materials, therefore only registered and paid attendees will receive continuing education credit per the California State Bar Association guidelines. Onsite presentations are available and if you have a larger number of employees to train, please contact us for a quote.

Dear Participant,

A note from our presenter:

My name is Frank Doyle; I have been working in this area of law for over thirty years…. I am a member of the State Bar of California and certified by the Cal Bar as a specialist in Taxation Law and Probate, Estate Planning and Trust Administration. I am also an educator and I enjoy teaching and sharing the stories of the challenging legal conundrums that I have solved in my estate planning practice over the years. My goal as an educator and professor of law is to provide not only the critical legal analysis required in today's ever-changing legal environment but also the case studies, examples, drafting forms and more to help the participant (you) to understand each topic we cover.

Advanced Legal Training Institute offers...
Customized Onsite Legal Seminars & Training (MCLE) | Legal Consulting & Coaching | Speaking & Client Support Services
©Copyright 2006-2019. Advanced Legal Training Institute. All Rights Reserved.

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