Capacity Guard protects the plans you draft, and your practice, with a sealed evidentiary record of testamentary capacity that will hold up in court and scare off challenges.
The evidence is structurally compromised, and challenging counsel knows it. That knowledge alone makes a challenge worth filing.
Challenging counsel knows the memo to file has low evidentiary value. Your role as drafter makes you an interested party, and that makes your notes worth attacking.
The attorney gets deposed, must produce the files, and may become a witness at trial. The professional judgment you exercised is now the subject of cross-examination.
After careful planning and full professional judgment, any meaningful probability of a challenger upending the plan is an unacceptable outcome for your client and your practice.
Deter the challenge from ever being filed. And if one is filed anyway, be positioned to win it quickly. A sealed independent record achieves both objectives at once.
"Why should you and your client, after all the work, all the expense, and all your professional judgment, be left with any meaningful chance that a challenger upends the planning you built?"
CapacityGuard creates an independent record of your client's testamentary capacity, one you didn't make and won't have to defend. Your client sits for a short, AI-guided interview, recorded on video and measured against the legal standard for capacity. The record is sealed, so it can't be altered.
That's what deters a challenge, and defeats one if it comes.
At the end of the process, you and your client will both possess a complete, tamper-evident record of the session.
The Session Review dashboard with the video, transcript, verification timeline, and your own professional judgment on whether the recording shows capacity. Exportable to your matter file in one click.
A thumb drive with the same record, plus instructions for any attorney or court to independently verify it hasn't been altered. A backup cloud link in case the drive is lost. No app, no account, no dependence on your firm or ours.
Wills are challenged decades after they're signed. By then firms close, vendors fold, and drives fail. The evidence must still work. CapacityGuard is built for that.
Every choice in CapacityGuard was made anticipating cross-examination. Three things have to hold for the record to do its job.
When the session ends, the video and transcript are hashed (SHA-256), timestamped through a trusted third party (RFC 3161), and anchored to the public Bitcoin blockchain via OpenTimestamps. Any change to a single frame, anywhere down the road, breaks the chain. And anyone, including opposing counsel, can verify the chain independently.
The AI follows the same verbatim question library every time, with no improvisation. The testator is physically alone in the room, verified by an on-camera sweep before the session begins. The interview is a single continuous take, no edits, no splices. What you see is what happened.
The question library is mapped to the four elements of Banks v. Goodfellow, the testamentary capacity standard recognized across U.S. jurisdictions. The recording is built to qualify as a contemporaneous business record under FRE 803(6), authenticated via FRE 902(13).
When the contest comes, the record either holds up or it doesn't. This was built so it does.
CapacityGuard isn't an overhead expense. It's a billable service, and you set the price (call us and we can discuss client pricing).
In a market where most estate planning firms look alike to prospective clients, this is something tangible none of your competitors are offering: a reason for a new client to choose you, and a reason for an existing one to come back.
It also gives you a professional, non-salesy reason to reach back out to every past client whose plan you drafted, one, five, ten, twenty years ago: their existing plan deserves the protection that wasn't available when it was signed. That outreach surfaces the life changes that need updating, and new revenue from clients you'd otherwise never hear from again.
And the timing matters. Today this is a differentiator. As capacity documentation becomes the expected standard (and we believe it will), the attorneys who got there first won't be the ones answering why they didn't protect their clients.
Monthly plans with included sessions. Add credits anytime for overflow or pay-as-you-go use.
Starter
Solo attorneys & selective use
$299/mo
3 sessions / month
Practice
2–4 lawyer firms
$675/mo
9 sessions / month
Enterprise
High-volume / multi-office / integrations
Custom
Custom session allocation
The building blocks have. Cryptographic hashing, RFC 3161 timestamps, and blockchain anchoring are accepted forms of evidentiary preservation in federal and state courts. The testamentary capacity standard the questions are mapped to, Banks v. Goodfellow, is recognized across U.S. jurisdictions. The recording is built to qualify as a contemporaneous business record under FRE 803(6) and to be authenticated under FRE 902(13). The combination, applied specifically to testamentary capacity, is new. The first contested case will likely be a case of first impression on those grounds, but it will be argued on established doctrine, not novel theory.
No. The AI conducts a standardized interview. You make the capacity determination based on the recording. Your professional judgment stays where it belongs. The AI's job is to capture the evidence the same way every time, so no one can later argue the interview itself was biased or leading.
No, by design. The AI doesn't generate questions. It reads them verbatim from a versioned, attorney-authored question library, the same way every time, in every session. It does not react emotionally, probe for elaboration, or adapt to what the testator says. What looks like a limitation is the point: every session is procedurally identical, which is what defends against “the questions were leading” or “the interviewer steered the outcome.”
The session is preserved either way. CapacityGuard does not allow you to delete sessions, including ones that don't go well. That isn't a limitation, it's the right answer: drafting-file material is potentially discoverable, and selectively destroying an adverse recording exposes you to spoliation claims. If a session shows poor capacity, that itself is critical information you need to know. For you, it may be a signal to pause, recommend further evaluation (maybe even guardianship), or reconsider the engagement before any document is signed.
Banks v. Goodfellow is the testamentary capacity standard recognized across U.S. jurisdictions, and the Federal Rules of Evidence (which most state codes mirror) provide the authentication framework. The session itself is jurisdiction-neutral. Specific local rules vary; if you have a state-specific procedural quirk, we'd flag it before deployment.
The voice processing stack is HIPAA-compliant. Recordings are encrypted in transit and at rest. Access is limited to the testator and the attorney they designate. The cryptographic seal verifies the recording hasn't been altered without granting any third party access to its contents: verification and disclosure are separate operations.
The verification works without us. Your client's thumb drive contains everything needed for an independent expert, any e-discovery vendor or cryptographer, to verify the record is unaltered: the hash, the RFC 3161 timestamp, the blockchain anchor, and instructions. The record outlasts the company that created it. That isn't a hope, it's how the architecture is designed.
The framing that works: this is how you protect their plan from being successfully contested years from now, even if it doesn't look like anyone would bring a contest. Clients respond well when capacity documentation is positioned as protection of their wishes, not skepticism about their competence.
[PLACEHOLDER: one short paragraph on who built this and why. e.g. founders' background in estate litigation and security engineering, the case or experience that motivated it, and why attorneys can trust the evidentiary architecture. Keep it credible, not salesy.]
Questions about the architecture or the legal basis? Talk to us directly at hello@capacityguard.com or [(000) 000-0000].
A 20-minute call is all it takes to see how CapacityGuard fits your practice and how you price it.