Build the will-instructions pack on capacity and influence
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Prepare a one-page prompt for the meeting: the three recollection items in Probate Code § 6100.5(a)(1), the delusion test in § 6100.5(a)(2), and the people listed in § 21380(a). Leave the answer lines blank. Write no memorandum of the meeting.
- What the lawyer must review
- You complete the pack with what you see and hear, and you keep the notes. Section 6100.5(b) says the section does not supersede existing law on evidence of incompetence. Section 21380(c) is conclusive, not rebuttable, for a transfer to the drafter and to persons related to or associated with the drafter under paragraphs (5), (6) and (7). Section 21380(d) puts costs, including reasonable attorney's fees, on a beneficiary who does not rebut the presumption. You decide whether to include a gift to anyone in subsection (a). The blank pack is not a finding.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm instructions and personal circumstances through appropriate direct engagement. Have the responsible lawyer assess safety, capacity or vulnerability concerns and escalation.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Estate-planning intake questionnaire (United States) | Checklist | AI use Yellow | An intake for a US estate plan that collects family, assets, and fiduciary choices, and that separates the HIPAA authorization from the state-law questions the lawyer still has to open. |
| HIPAA authorization for estate planning (United States) | Letter | AI use Yellow | An authorization that tracks the core elements and required statements in 45 CFR 164.508, kept as its own document, with psychotherapy notes excluded and state privacy law left open. |
| Capacity and family questions for a will meeting (United States) | Checklist | AI use Yellow | Meeting questions that record who was present, how the client described the gifts, and who prompted an answer, without stating a legal test for capacity. |
| State-specific estate-planning questions (United States) | Memo | AI use Yellow | A memo that lists the estate-planning points that follow state statute, beside the two federal privacy rules that were opened, and that leaves each state citation blank until it is read. |
Signed-in accounts can read the full text of each one. All precedents.