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 shares 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: jill@deathreadiness.com
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.
