Estate Planning: What is “Sound Mind”?
Tony B. MannsTony B. MannsIf you have not created your Estate Plan, which typically includes at least a Last Will & Testament (“Will”), Durable Power of Attorney, and Advanced Directive, you should be aware that in order to execute estate planning documents, you must be of sound mind.
“Sound mind” generally refers to a person’s mental capacity to understand their actions, make informed decisions free of undue influence, and the consequences of their decisions. Sound mind indicates a state of mental health and clarity, ensuring the person understands the assets they own and how those assets will be distributed. This is crucial to protect against potential challenges to your Will and ensure your documents reflect your intentions.
It is important that estate planning documents are signed in front of witnesses able to testify to the mental capacity of the signor if challenged. This is also an important reason not to wait to get your Estate Plan created.
You should consult your elder law attorney to ensure that your preferences for your Estate Plan are met and to determine if there are any concerns with the mental capacity required to have estate planning documents executed.
