Which document typically contains statements about the deceased’s mental capacity?

The last will and testament is the document that typically contains statements about the deceased’s mental capacity. This is because, when a will is created, it often needs to establish that the testator (the person making the will) understood the nature of their actions and had the requisite mental capacity to make decisions regarding their estate.

Mental capacity in the context of a will means that the testator was able to understand the extent of their property, knew the natural objects of their bounty (who their beneficiaries are), and was able to formulate a rational plan regarding the distribution of their assets upon death. Therefore, the last will and testament often includes language affirming that the testator was mentally competent at the time the will was executed.

In contrast, the other documents listed serve different legal purposes. A power of attorney appoints someone to make decisions on behalf of a person while they are alive, often focusing on financial or healthcare decisions and not necessarily discussing mental capacity in the context of a will. A living will addresses an individual’s preferences for medical treatment in cases where they are unable to communicate their wishes, therefore not relevant to testamentary capacity. Lastly, a deed of trust is related to property management and ownership and does not usually contain statements about mental capacity