What is required for a lawyer when drafting a Will for a person with diminished capacity?

When drafting a Will for a person with diminished capacity, conducting a competency assessment is essential. This assessment is crucial because it helps determine whether the individual has the mental ability to understand the nature and implications of creating a Will. A lawyer needs to ensure that the testator comprehends the significance of the decisions they are making regarding the distribution of their assets and their overall testamentary intentions.

The assessment typically involves evaluating the person's ability to recall important information, understand the consequences of their decisions, and grasp the scope of their property. Without confirming that the individual has the required mental capacity, the Will could be challenged later on the grounds of lack of capacity, which could invalidate the document.

It's important to note that while verifying the existence of written consent or gathering testimonials from family members could be part of broader consideration, they do not replace the fundamental requirement of establishing the mental competency of the testator. Similarly, avoiding the situation altogether is not an acceptable approach, as individuals with diminished capacity also have rights that must be respected, and if they are capable of making decisions, they should be allowed to execute a Will properly.