When is it too late to sign a will?

Aged Hand With Nurse Hand

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:

  • Alzheimer’s
  • Dementia
  • 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.

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Serving Paulding County (including the cities of Dallas and Hiram) and surrounding counties; Cobb County (including the cities of Marietta, Acworth, Kennesaw, and Smyrna), Douglas County (including the city of Douglasville), Bartow County (including the cities of Cartersville and Emerson), and Polk County (including the city of Rockmart).