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 Get your copy of The Death Readiness Playbook: https://www.deathreadiness.com/playbook Tennessee Estate Planning Services with Jill Mastroianni: https://www.deathreadiness.com/estate... More episodes and resources: https://deathreadiness.com Ask a question for Tuesday Triage here: https://deathreadiness.com/tuesdaytriage About the Podcast The Death Readiness Podcast helps families navigate wills, trusts, probate, and end-of-life preparation, without the legal jargon. Hosted by Jill Mastroianni, estate planning attorney and creator of The Death Readiness Playbook. Disclaimer This podcast is for educational and entertainment purposes only and does not constitute legal advice. Consult a licensed attorney in your state for guidance tailored to your situation.