Wills for Disabled Persons by Woodland Hills Conservatorship Attorney
WILLS FOR DISABLED PERSONS -WOODLAND HILLS CONSERVATORSHIP ATTORNEY
Mina Sirkin, a Woodland Hills Conservatorship Attorney explains Wills for Disabled Persons. People who are not familiar with the process of making a will for disabled persons, often think that you cannot create a will for a disabled individual. That is a myth.
First, you have to determine if the disabled person has capacity to make a will. This is called testamentary capacity. The threshold for Testamentary capacity is not very high. It merely requires the person who executes the will to know his or her assets, and to be able to identify his family members, or natural objects of his/her bounty.
HOW DO WE DETERMINE IF SUFFICIENT TESTAMENTARY CAPACITY EXISTS?
Because we need an expert opinion, we ask a psychiatrist, psychologist or neurologist to examine the person who wants to make a will. The report of of the doctor regarding capacity will tell the lawyer whether a will can be made normally, or whether the will needs to be made in a conservatorship case.
IS CAPACITY THE ONLY THING YOU NEED WHEN YOU MAKE A WILL FOR A DISABLED PERSON?
Not exactly. A process for person who makes a will should be free of undue influence of others, mistake, or fraud. As lawyers, we ask lots of questions about the circumstances of the person who wants to make a will. If the person lacks capacity, the court can monitor the making of the will in a substituted judgment petition proceedings.
WHAT SHOULD YOU ASK A CONSERVATORSHIP LAWYER?
When an older adult decides to make a will, he or she should visit an attorney to get advice. The attorney makes the first call as to whether there is capacity to make a will. Ask the attorney about the circumstances when a will can be made despite a diagnosis for the elder. Our Elder Law attorney in Woodland Hills advises families in creating wills for disabled persons.
CONSERVATORSHIP & WILLS ATTORNEY IN WOODLAND HILLS
Mina Sirkin is a Conservatorship and Wills attorney in Woodland Hills and Los Angeles. Call our Woodland Hills Conservatorship advisor at 818.340.4479 for a Free Probate Consultation in Los Angeles or email us at [email protected]