Every competent person has the right to decide what happens to their property after they die.
However, the elderly may not completely understand what is involved in making a will or changing an existing one. Unscrupulous people who try to sway them in making gifts in their favour may easily influence them. This can cause pain for those whom the elderly truly wish to benefit.
Sometimes, older people also insist on doing things that are not necessarily practical or safe. One example of this is driving a car with failing eyesight.
It is necessary to balance the right of the elderly to make their own decisions with the recognition that some of their choices may cause pain or do harm to others.
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Topics: Testamentary Capacity, Wills
Published In: Wills, Trusts, & Estate Planning Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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