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

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?

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Attorney answers 2


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!


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.

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