– Authored by: Michael L. Rutkowski
The classic answer from an attorney is “it depends.” Millions of individuals suffer from dementia and, unfortunately, less than 50% of the general population has proper estate planning in place. If a loved one suffers from some type of mental disease, it may not be too late to execute documents that put their wishes in place.
In Michigan, in order for an individual to sign a Will, that individual must have sufficient “testamentary capacity.”
Testamentary capacity exists if all of the following requirements are met:
Our job as legal counsel for an individual is to assess mental capacity and, in certain situations, involve a medical professional to verify that capacity standards are met. This assessment is critical particularly in situations where family dynamics are such that a Will contest is likely.
If you have questions regarding the capacity of a loved one, please call our office. We would love to talk to you!
Call (248) 792-9193 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.