It’s very important that people create a will long before their mind or body makes it impossible for them to make such choices. However, for one reason or another individuals hold off on hiring an estate planning attorney, and then their mental capacity may come under question. If you have a loved one who has a questionable mental capacity, then you may want to take some time to understand what makes a person capable of writing a will.

Here are a few guidelines to follow:

  • The individual knows and understands who his or her beneficiaries are. They can identify the individuals and have total knowledge of the relationship they have with that person.
  • While the person may not need to know every single asset that they have, they should have a general understanding of their wealth and the number of assets that they carry. For example, if a person has over $1 million in assets, then it would be of concern if they claimed only to have $10K.
  • The individual can express what they wish to be done with various aspects of their estate.

A will is intended to be the final wishes of the individual, so it’s important that they are able to outline those wishes for themselves. In the event that they cannot, then there will need to be further documentation will need to be filed so another individual or the courts can make decisions on their behalf.
If you or someone you know needs the assistance of an estate planning attorney, please contact us. We offer assistance with a variety of estate planning services.  We also provide free consultations to review your case.  Allow our years of experience to work for you and your loved ones.