When Is a Person Too Incapacitated to Sign a Will,
by K. Gabriel Heiser, Expert Attorney, author, Medicaid asset protection planning
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Many people are surprised to find out that a person with Alzheimer's or under a guardianship may still be legally competent to sign a will.
A slightly different test is involved for signing a power of
attorney. Here, the individual must be capable of understanding and
appreciating the extent and effect of the document, just as if he or she were signing a contract. Thus, the parent may be competent to sign a power of attorney, but not competent to sign a will.
A trust is sometimes deemed to be more like a contract than a
will, so that the necessary mental capacity needed to sign a trust may be less than that needed to sign a will.
The mental capacity to sign the document should not be confused
with the physical ability to sign one's name. The law will permit a
person to sign an "X" (known as a "mark"), that, so long as properly
witnessed, will suffice just the same as a signature. In addition, if
even a mark is not possible for the individual to make, then the
individual can direct someone else to sign on his or her behalf.
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Senior Unable to Sign a Will, Trust, or Power of Attorney - AgingCare.com: Trust, or POA?
