Our office gets a lot of calls from people who have a loved one, usually a parent, whose health has significantly declined and they realize that the person never signed a Last Will and Testament. The call usually comes after a close call, a fall, a stroke or a heart attack. Unfortunately, in many cases, it is too late to rectify the situation. In order for an individual to properly execute a Last Will and Testament, they must have “testamentary capacity,” which means the person must be of sufficiently sound mind to articulate their wishes and understand what the terms of the will mean.
Examples of circumstances under which someone could not properly execute a Last Will and Testament:
- Heavily Medicated (especially with narcotic pain mediation)
- Stroke with altered mental status
- Any other disease which alters cognition
If you have a loved one who does not yet have a Last Will and Testament and you would like to speak with an attorney to discuss the possibility of creating and executing a will, please give our office a call at 678-535-3232.