A will executed while capacity is clear is a straightforward document. A will executed after cognitive decline has begun can raise questions that take years to resolve in court. That timing issue surfaced in Deerfield this summer, though not in a legal setting.
What Village Trustees Heard in Deerfield, IL
The executive director of Lake County Partners in Aging told the Village Board in August that her organization increasingly encounters older adults whose cognitive impairment emerges while they are still living independently. She asked the village to convene local organizations around dementia-friendly efforts, and the trustees agreed to work with her.
The figures she presented were modest but instructive. Over the preceding year, the organization served 52 older adults in Deerfield, ranging in age from 64 to 101, with an average age of 82. Approximately 62 percent lived alone, according to Patch coverage of the meeting.
Living Alone Changes the Analysis
She described residents who wish to remain in their homes but no longer have relatives nearby who would recognize when additional assistance is needed. That absence carries estate planning consequences. No one is present to confirm that a document was signed while capacity was intact.
Testamentary Capacity in Plain Terms
Illinois asks whether the person signing understood what he or she was doing at that moment. Courts generally consider whether the individual could:
- Understand that the document distributes property at death
- Know, in general terms, the nature and extent of the property owned
- Recognize the family members who would ordinarily inherit
- Hold those elements together long enough to form a plan of distribution
Capacity is measured at the time of execution, not before or after. A person with a dementia diagnosis may still satisfy the standard on a given day, and a person with no diagnosis at all may fail to meet it. Attorneys therefore attend closely to how a signing is documented, who was present, and what the client was able to explain in his or her own words.
Documents That Operate During Life
A will governs property after death. It has no effect while you are living, which is frequently when the practical difficulties begin.
Consider pairing it with a power of attorney for property and a power of attorney for health care. Name successor agents in both. Then inform the individuals you have named, because a document no one knows about serves no purpose.
Addressing these matters while health is stable is simply more manageable.
Planning Before the Question Arises
Families seldom regret handling these documents early. They regret waiting.
A Deerfield, IL wills lawyer can review capacity, executor selection, and how the documents operate together, including what occurs if a named executor resides out of state.
If you are prepared to draft or update your documents, Kravets Law Group represents Illinois clients on flat-rate estate plans, and a wills lawyer in Deerfield, IL can assess what you currently have in place.