How does a person with diminished capacity go about making a Will?

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How does a person with diminished capacity go about making a Will?

My husband is 84 years old and his health is declining physically and mentally. Is he allowed by law to write his own Will or does a guardian need to be appointed to him and supervise the process?

Asked on December 8, 2011 under Estate Planning, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The answer to your question is whether or not your husband is mentally competent to understand the significance of having a Will drafted to dispose of his assets to the people stated under it? Essentially it is best for his treating physician to give an opinion if he is competent from a mental standpoint and if he is to have an experienced Wills and trust attorney draft his Will (or trust) according to his desires and wishes.

A guardian cannot be appointed to create a Will for your husband. As his wife, you can assist him in taking him to see his physician and the recommended Wills and trust attorney.


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