Legal Question in Wills and Trusts in Illinois

Re: Dementia & Living Trusts

The standard or requisite capacity to make a living trust in Illinois is the same for making a will. One's mental state does not have to be sharp as a tack; it only has to be of such a nature that he can comprehend the logical beneficiaries of his bounty. The pivotal question will be whether the individual in question has capacity at the time the instrument is made. Hope this is helpful.