CRM/LAW C160 Lecture Notes - Lecture 15: Testator, Pro Se Legal Representation In The United States, Irresistible Impulse
20 Jan 2017
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Incompetent defendants do not routinely refuse medication for legal strategy but b/c of delusions about meds or denial of mental illness. Defendants defending themselves in court (pro se) may require higher standard of competence. Court recognized that ford not competent to be executed, but no speci c standard for competency to be executed. Defendant must understand plea"s availability and consequences of entering an insanity plea. Psychologists voiced greatest opposition to competency to be executed evaluations. Didn"t ask them if they would participate (yes or no) but gave them a scale person making a will = testator. Testator does not have to be competent to formally write out the will b/c an attorney does it. Legal standard for competency to execute a will is person must know they"re making a will, know nature of the property, and know the manner in which will distributes the property. Don"t need to admit to committing the crime.
