Mental Capacity
- Are you able to care for yourself?
- Are there things you need help with?
- Who provides that help?
- Is anyone else available to help with these things?
- Has someone else helped you with these things before?
- Do you take medication?
- Can you take it by yourself?
- Do you need help with knowing when to take it?
- Who gets the prescriptions filled?
- Are there any prescriptions you believe you are not getting?
- Do your medications ever make you sleepy or groggy?
- How do you spend your time?
- Do you read?
- What do you read?
- Can you tell me about an article or book you read recently?
- Can you tell me about an important issue in the news?
Knowledge of True Nature of Act
- Tell me how you came to sign the documents.
- Do you know what was done?
- What was the reason you did so?
- Did you discuss what you did with anyone?
- What about with [suspect]?
- Did s/he tell you anything about it?
- Please explain what the documents you signed are.
- What do they say?
- Did you read them yourself?
- Did anyone review them with you?
- What do they mean?
- What do you think can happen to you now that you have signed this document?
- What events preceded the discussion about the transaction?
- What are the relative benefits to you and the suspect?
Acted Freely and Voluntarily
- Did you have time to think over the transaction?
- Were you rushed to act?
- What did you believe would happen if you did not agree to the action?
- Did you have the opportunity to consult with a neutral third party?
- Who else was present?
- What else occurred at about the same time?
- Have there been other transactions?
- Have you told anyone else about these events?
