Legal Question in Wills and Trusts in Illinois
Is it too late to write a Will or a Living Trust for people who already have Parkinson disease ??? In other words, is the Parkinson disease patient considered capable enough to sign the Will or Trust ??? Thank you.
2 Answers from Attorneys
If a person has enough mental capacity to understand that he/she is signing his or her will, understands what his/her assets are, and has not been deemed incompetent, he/she can draft and execute a will. A physical ailment will not prohibit such a person from executing a will. A person may sign even an "X" as long as it is witnessed properly. Sometimes a video of the proceedings will aid as evidence of the person's willing intent to enter into the will.
Good luck to you.
I strongly advise you to consult with an attorney before facilitating a Will signing for any individual, regardless of if that person suffers from an ailment. There are certain, strong ways to attack a Will after a person dies. Your involvement will likely encourage them.
In regards to a person suffering from Parkinson's, end-stage Parkinson's can dramatically affect a person's ability to understand what they are doing.
Feel free to call me for a free consultation. Your next steps should be approached very carefully.
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