How Do You Know If Mom Can Still Sign

What happens when someone with memory changes needs to sign a will, trust, or power of attorney? Who actually decides whether they’re “competent” enough to sign, and what happens if people disagree? In this episode, Jill Mastroianni share personal stories involving her own mom, a deathbed signing that never happened, and what the law actually says about mental capacity and estate planning. We talk about why competency is not an all-or-nothing question, who acts as the initial gatekeepers during a signing, and why families often begin asking “Can Mom still sign?” when they’re already standing in the middle of a crisis. Most importantly, we talk about why estate planning works best when decisions are made from a place of choice, not urgency. What You’ll Learn in This Episode Why “competent” is not a simple yes-or-no determination  The difference between testamentary capacity and contractual capacity  Why someone may be able to sign a will but not a power of attorney  The four things a person generally needs to understand to sign a will  Why dementia does not automatically mean someone lacks legal capacity  Why attorneys sometimes refuse to let a client sign documents  The risks and concerns that can arise when adult children request standalone powers of attorney  The role of notaries and witnesses as gatekeepers, but not final decision-makers  What courts look at when capacity is challenged after a signing  Why moments of lucidity matter in capacity determinations  Why families often wait too long before starting important conversations  The hidden systems we all carry in our heads—passwords, finances, routines, healthcare information, and family details  Why timing matters more than most families realize Resources & Links Watch this episode on YouTube: https://youtu.be/coX3guCoFMI The Death Readiness Playbook: https://www.deathreadiness.com/playbook Connect with Jill: Website: DeathReadiness.com Email: [email protected] Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer: This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.