Forensic Geriatric Neuropsychologist

Probate and trust litigation can drain an estate's assets and delay the distribution of your client's legacy. A single question about testamentary capacity or undue influence can render a will or trust amendment null and void, leading to costly and protracted disputes.

The most effective way to prevent these challenges is through a contemporaneous neuropsychological evaluation of capacity and undue influence before your client executes their estate plan. This proactive approach provides clear, defensible documentation that can deter litigation and protect your client's intentions. The cost of an evaluation is minimal compared to the financial and emotional toll of a courtroom battle.

When there's concern about a potential future challenge, defensive estate planning should include a comprehensive forensic neuropsychological assessment. Each evaluation is customized to address the cognitive abilities that define testamentary and contractual capacity as outlined in the California Probate Code—including attention, memory, reasoning, judgment, and executive function.

The assessment integrates:

• A detailed history and review of medical records
• Collateral interviews
• Standardized cognitive testing
• An evaluation of susceptibility to undue influence

The resulting comprehensive report serves as persuasive evidence of the testator's capacity and becomes a key protective document within the estate plan.

Americans are living longer and managing more wealth than ever before. According to researchers at Boston College, nearly $59 trillion will transfer through estates between 2007 and 2061 (Havens & Schervish, 2014). As the largest intergenerational transfer of wealth in history unfolds, challenges to wills and trusts are expected to rise—especially since testamentary capacity is the most frequently litigated type of capacity (American Bar Association & American Psychological Association, 2008).

A well-documented capacity assessment today can help avoid tomorrow's legal disputes.

Dr. Hoffman is a geriatric forensic neuropsychologist based in Northern California, specializing in the assessment of capacity, undue influence, conservatorships, and elder abuse. Her expertise includes evaluations of testamentary capacity, financial capacity, medical decision-making, and independent living ability.

She has extensive experience in the differential diagnosis of dementias and how cognitive disorders impact capacity. Dr. Hoffman provides expert witness testimony in probate and civil cases throughout California.

A respected leader in her field, Dr. Hoffman has served as President of the Northern California Neuropsychology Forum and as Chair of Division VIII (Neuropsychology) for the California Psychological Association. She is also the author of “The Assessment of Testamentary Capacity and Undue Influence in the Older Adult,” in Forensic Geropsychology: Practice Essentials (American Psychological Association, 2018).

A proactive capacity evaluation is one of the most effective ways to safeguard your client's estate plan, minimize litigation risk, and ensure their wishes are honored.

Contact Dr. Hoffman to schedule a consultation or learn more about how a capacity and undue influence evaluation can strengthen your client's estate planning strategy.