In order to make a Will or to appoint a power of attorney, you have to have mental capacity. You might find yourself asking what is mental incapacity, how can I plan for it, what do I do if someone I know is or I believe he or she might be incapable, etc.? This page posted by the Ministry of the Attorney General answers these questions and more. It also provides a definition of mental incapacity and directs you to other helpful resources on this issue. Mental capacity is a widespread issue when it comes to estate planning, especially for the elderly. If you have concerns about your own or someone else’s mental capacity, contacting a legal professional or the Office of the Public Guardian and Trustee would be a good first step.
