How do you update a will for a parent when they have been deemed incompetent?

Asked over 4 years ago - Chicago, IL

If one of your parents has dimentia and has been declared legally incompetent and their will needs to be updated, how can this be done, and who is authorized to execute this new will?

Attorney answers (2)

  1. Richard Eugene Ehrlich

    Contributor Level 12

    Answered . It can not be done. The first requirement for preparing a Will is the capacity of the testator. The only person that can handle their affairs is one who holds a power of attorney or one who is appointed by the court as their guardian. Good luck!

  2. Steven Alan Fink

    Contributor Level 20

    Answered . My colleague is correct. The only thing you can do now is have someone appointed a conservator of their person and estate. That would presumably be your other parent, you, or one of your siblings.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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