Question

Can someone with memory problems still make a will?

What I am trying to figure out is this: can someone with memory problems still make a will? An aging parent is having memory problems and the family is trying to act before capacity becomes more uncertain.

Asked in Springfield, MA · Mar 18, 2026 · 1 answer

Answer
Soradin

Soradin

General information

Posted Jul 24, 2026

In the estate planning context, the person creating a will or power of attorney generally must understand the nature and consequences of what they are doing at the time of signing. The answer can depend heavily on the state's probate, trust, property, and family rules, so a lawyer familiar with the state's rules should compare the governing documents with the current court or title record before the family commits to anything permanent. For this legal issue, legal capacity is decision specific and can fluctuate, so a diagnosis alone does not answer whether a person can sign a particular document.

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