The legal term ‘of sound mind‘ has very important ramifications with regard to legal documents such as a Will, Trust or Powers of Attorney. In fact, being ‘of sound mind’ is necessary in order to sign any legal document.
The concept ‘of sound mind‘ means that the person who is signing a legal document knows what he/she is doing and understands what it means legally. An Attorney will determine if the person is ‘of sound mind’ by speaking with him/her privately. If the Attorney determines that the person is confused and does not understand why they are meeting with the Attorney, then legal documents or any legal contract cannot be signed.
When an individual wants estate planning documents, but is not ‘of sound mind’, family members or friends may need to file a ‘conservatorship‘ which would allow others to make healthcare or financial decisions on the individual’s behalf.
It is important to speak with an attorney about estate planning goals BEFORE the issue ‘of sound mind‘ becomes important. Too often people avoid seeking legal advice until it’s too late. A conservatorship, if needed, is costly and time-consuming.
Legal Action Workshop has more than 35 years’ experience with Estate Planning documents as well as Probate issues. If you want answers to questions and need an experienced Estate Planning Attorney, give us a call @ 1-800-HELP-444 (1-800-435-7444) or visit our website www.LegalActionWorkshopLAW.com .