Legal Capacity Consequences
The American Bar Association defines 'legal capacity' as "the ability to perform a task – or make a decision. State laws set out the standards of legal capacity for various tasks – consent to treatment, make a Will, Trust or Deed, and make a gift or contract."
In Illinois, legal capacity depends on the circumstances:
Every adult is presumed to have the capacity to make health care decisions unless proven otherwise. An example that is often confused is that the diagnosis of Alzheimer's or dementia will not necessarily prove a lack of legal capacity. However, a diagnosis of advanced Alzheimer's or dementia could likely prove that legal capacity is lacking.
Testamentary capacity: a person's mental and, therefore, legal ability to make or change a Will or Trust estate plan. While you must be over age 18 to enter into any legal contract, Will, Living Trust estate plan, or Power of Attorney, you must also:
◦ Understand the nature and extent of your property.
◦ Remember your relatives and descendants.
◦ Be able to articulate who should inherit your property
What are the legal consequences?
