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

UPDATED: Dec 8, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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