Mesa, AZ 85213
Phoenix, AZ 85004
Gunderson, Denton And Peterson Office Locations
View View Gunderson, Denton And Peterson Locations in a larger map
Planning for the Future with Gunderson Denton
Does Your Family Member Have Capacity To Create A Will?
Capacity is an issue that surfaces when one has been diagnosed with a medical condition that caused a decline in their mental ability. A decline in mental ability typically affects memory, thinking, and problem-solving skills. When someone has been diagnosed with a debilitating condition such as dementia or Alzheimer’s disease, a common question arises regarding whether it is too late for that individual to create a will. If a person passes away without having made a will, they are said to die “intestate.” You can contact these family law attorney services to learn how to avoid this situation.
Generally, the policy of law favors testacy. That is to say, the law prefers every individual have a will in place before they pass away. Accordingly, the law presumes that a testator, or person who attempted to create a will, had the required mental capacity to execute a will. Visit this website at https://lalawknoxville.com/practice-areas/family-law/ to learn more about the details of family law.
In Arizona, the legal standard regarding capacity to create a will is whether the individual understood as explained by family lawyers melbourne “the nature of his act, the nature or character of his property and the natural objects of his bounty.” What does this mean? First, will the testator understand the act that he is undertaking? Can he understand that he is making a will? Second, is the testator able to identify all of the property that she wishes to dispose of by will? And finally, is the testator able to recognize and identify his family and friends that he wishes to include in his will? Keep in mind, there is often not a clear definitive answer to these questions. If your family member has been diagnosed with a mental condition that will progress, it is imperative to encourage him or her to create or update the necessary legal documents as soon as possible.
However, what if time slipped by and your loved one didn’t have time to attend to legal matters before his or her mental capacity declined significantly? Even if it would appear that one might not have full capacity, there may be “moments of lucidity.” With the assistance of an attorney and/or family doctor, it may be determined that your loved one is capable of creating a will during those moments of lucidity. The bottom line is this: If your loved has not created a will, and has diminished capacity, there is still the possibility of creating a legally valid will. The best course of action is, of course, to contact our office today for a consultation. We will be happy to guide you through the question of legal capacity and the ability to create a valid will.
40 N Central Ave #1400
Phoenix, AZ 85004
GDP Estate Planning Blog
Arizona Business Law
Arizona Business Lawyers
Link about our Arizona Business Lawyers.
Arizona Collections Law
Arizona Collections Lawyer
This link talks about our collection lawyers in Arizona.
Arizona Employment Law
Arizona Employment Lawyer
This link is about our employment lawyers in Arizona.
Arizona Estate Planning
Arizona Estate Planning Lawyer
This link is about our estate planning lawyers in Mesa Arizona.
- Mesa Estate Planning Attorney
This link talks about our estate planning lawyers in Mesa Arizona.
Arizona Franchise Law
Arizona Franchise Attorney
This link is about our Arizona Franchise Attorneys.
Arizona Immigration Law
Arizona Immigration Attorney
This link is about our immigration attorneys in Mesa Arizona.
- Arizona Visa Lawyer
This link is regarding our Arizona Visa Lawyers.
- EB-5 Immigration Visa
This page talks about EB-5 immigration visas.
- Investor Visa
This page talks about investor visas by our immigration lawyers in Mesa.
- Mesa Arizona Immigration Lawyer
This link is regarding our immigration attorneys in Mesa.
Arizona Litigation Matters
- Arizona litigation lawyers
This link is about our litigation lawyers in Mesa Arizona.
- Mesa Litigation Attorney
This link talks about out litigation lawyer in Mesa Arizona.
Arizona Probate Law
Arizona Probate Lawyers
This link is about our Arizona probate lawyers.
Arizona Real Estate Law
Arizona Real Estate Lawyers
This link is about our real estate lawyers in Mesa Arizona.
- Phoenix Real Estate Lawyer
This link is about our knowledgeable real estate attorneys in Phoenix, Arizona.
Mesa, AZ 85213