Legal Question in Elder Law in Virginia

Use of videotape to establish mental capacity.

Will VA accept a videotape (duly witnessed) of an elderly individual discussing their will, estate and other relevant life decisions as a form of evidence (among other evidence) of competency and legal capacity to make decisions?


Asked on 2/19/02, 12:40 pm

1 Answer from Attorneys

Thomas DeCaro DeCaro & Howell PC

Re: Use of videotape to establish mental capacity.

Yes, this will be considered by the court; however

you may have difficulty proving competency

if there is strong contrary evidence such as

the testimony of a doctor that the person

was not competent at the time the tape was made.

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Answered on 2/20/02, 10:01 am


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