Inspired by Shakespeare’s King Lear, these authors consider that the factual matrix of the play seems like a capacity litigation file gone horribly wrong. With that backdrop, the authors discuss when a capacity assessment can be compelled, the proper scope of the evidentiary record in capacity litigation and whether retrospective assessments are of any value. Precedent correspondence to an assessing doctor are attached.

This paper is part of a collection presented at LESA’s 48th Annual Refresher: Wills & Estates in 2015.