Evaluations of decision-making capacity are often viewed as definitive answers. Families and professionals breathe a sigh of relief when a thorough assessment provides clarity. Yet capacity is not a fixed trait, it is fluid. A testamentary capacity evaluation, just like any psychological or neuropsychological evaluation, gives a snapshot of how someone is doing at one particular moment in time. Things like mental health, physical health, cognition, relationships, and environment change over time, and so can a person’s capacity. A past evaluation may have been accurate at the time, but it may no longer reflect the present reality.
As a geropsychologist, I have worked with families, caregivers, fiduciaries, and professionals in situations when a person’s capacity to make certain decisions has changed months or years after a previous testamentary capacity assessment. In these cases, there are signs that a capacity retest might be warranted. Here are some key indicators.
Cognitive Shifts That Raise Concern
Memory decline: Increasing forgetfulness, difficulty recalling recent events, or repeating questions more frequently.
Problem-solving difficulties: Struggling with everyday tasks like balancing a checkbook or following recipes.
Communication changes: Trouble finding words, following conversations, or understanding written material.
This is the biggest (and most obvious) indicator that an updated capacity assessment may be needed. When cognitive changes appear or worsen, it’s a signal that the prior evaluation may no longer capture current abilities, and capacity may have shifted.
Medical or Psychiatric Changes
New diagnoses: Conditions such as dementia, stroke, or depression can alter decision-making capacity.
Medication adjustments: Some prescriptions may improve cognition, while others may impair it.
Hospitalizations or acute illness: Episodes of delirium or complications can temporarily or permanently affect functioning.
Because health is dynamic, capacity assessments must sometimes be revisited when medical circumstances change. This is particularly true if one of the capacities in question is the capacity to make medical decisions about treatments, surgeries, or living independently after a health status change.
Life Transitions and New Demands
Changes in living arrangements: Moving to assisted living or nursing care often requires adapting to new routines. This is fine for many folks, but for some older adults with mild cognitive decline, a big change like this can overwhelm their ability to adapt.
Increased independence needs: A person may suddenly need to manage finances or healthcare decisions on their own, for example, after a spouse passes away. Again, in some situations, this is fine. In other situations, for example, if the living partner never managed the finances at all, and now lacks capacity to do so alone, a capacity assessment may be needed.
Caregiver observations: Family members or staff noticing difficulties in judgment or daily functioning that may impact decisions.
Capacity is context-dependent. What was adequate in one environment may not be sufficient in another, and an updated capacity assessment can clarify exactly how a person’s needs have changed.
Legal and Financial Considerations
Estate planning updates: Drafting or revising wills, trusts, or powers of attorney requires clear capacity. For older adults wanting to make changes to a trust or will, it is often important to have a capacity evaluation even if a lack of capacity is not suspected. This protects any decisions from being contested in the future.
Financial vulnerability: Susceptibility to scams, risky investments, or poor judgment in spending. A capacity assessment can give clarity about a person’s decisions, especially if they are being influenced or making questionable financial decisions that are out of character.
Guardianship reviews: Courts may request updated evaluations to ensure protections remain appropriate.
Because these decisions carry lasting consequences, retesting ensures they are made responsibly.
Fluctuating Abilities
Some individuals experience “good days” and “bad days.” If functioning seems inconsistent, a retest can help clarify whether the person can reliably make decisions or if supports are needed, and if so, what type of supports would allow the most independence possible.
Why Retesting Matters
Retesting is not about questioning past evaluations; it is simply a reality that comes with the way people evolve over the lifespan. A new assessment ensures:
Decisions are made with the most accurate understanding of abilities.
Supports are tailored to current needs.
Families and professionals can act with confidence and compassion.
Capacity evaluations are tools for empowerment, not restriction. They safeguard autonomy while protecting well-being. If you notice any of the signs above, consider consulting a qualified professional for a retest. Past evaluations are valuable, but they are not permanent verdicts.
GET UPDATED CLARITY WITH A TESTAMENTARY CAPACITY RETEST IN LOS ANGELES, CA
Cognitive abilities can shift over time due to illness progression, new diagnoses, medication changes, or life events. When a previous testamentary capacity assessment in Los Angeles, CA no longer reflects a person's current functioning, a retest may be necessary to ensure decisions remain legally valid and aligned with their true intentions. Whether months or years have passed, reassessment provides updated clarity that protects everyone involved.
Recognizing when past evaluations are no longer enough requires attention to meaningful changes—declining memory, confusion about key decisions, progression of dementia, or sudden medical events that impact thinking and judgment. These situations are never easy to navigate, but they call for updated professional insight that honors both the person's autonomy and the legal requirements surrounding estate planning.
As a trusted geropsychologist in Los Angeles, CA, Dr. Stacy Reger understands that capacity is not static. Her approach to capacity retesting is thorough, compassionate, and responsive to the realities of cognitive change. She helps families, attorneys, and fiduciaries determine whether a new evaluation is warranted and conducts updated assessments that reflect current cognitive functioning. Dr. Reger's work ensures that decisions made today are grounded in accurate, present-day understanding—not outdated information.
Take the next step toward updated clarity and protection:
Call (424) 262-1925 to discuss whether a capacity retest is appropriate for your situation
Schedule a testamentary capacity assessment in Los Angeles, CA with a geropsychologist who specializes in retesting
Receive a comprehensive assessment that reflects current cognitive abilities and legal standards
OTHER SERVICES DR. REGER PROVIDES IN CALIFORNIA
Beyond capacity retesting, Dr. Stacy Reger offers a full range of neuropsychological evaluations and geriatric mental health services designed to support families through every stage of aging and cognitive change. Her practice includes baseline cognitive assessments, dementia evaluations, pre-surgical screenings, and consultations that help families plan proactively rather than reactively.
Dr. Reger also provides therapy for older adults and their caregivers who are managing the emotional weight of cognitive decline, changing roles, and difficult decisions. She works closely with legal professionals, financial advisors, and healthcare teams to ensure coordinated care that respects both personal wishes and professional standards. Through education, training, and compassionate consultation, she helps families communicate more effectively and navigate uncertainty with greater confidence. For more guidance on recognizing signs of cognitive change and understanding when reevaluation may be needed, explore Dr. Reger's blog for additional insights and resources.