What does “mentally incapable” mean in the context of Wills and Estates?

Being deemed “mentally incapable” means different things in different situations. What it means in a particular case depends on the context, and the unique factors pertaining to one’s circumstances.

Being “mentally incapable” means that that you are considered, legally, to not be in the right state of mind, for whatever reason, to understand the information relevant to signing legal documentation. In other words, a person who is “mentally incapable” cannot make informed decisions about issues such as finances, health, etc.

It is important that people appoint someone to take the position of Power of Attorney in case he or she is ever deemed “mentally incapable”. A Power of Attorney is a legal document that gives someone of your choosing the ability to act on your behalf under specific circumstances. This means that the individual appointed will be granted the ability to make decisions regarding your personal life and estate in the event that you are deemed “mentally incapable.”

You are able to appoint more than one person to be your Power of Attorney. In the event that you do choose more than one person, unless you outline in the documentation, “jointly and severally,” all the individuals will be required to agree on every decision that is made on your behalf while you are deemed “mentally incapable." This is only possible if the Power of Attorney has been duly executed.

It is generally highly advisable that you consider taking every step necessary to protect yourself by executing a Power of Attorney.

For more information relating to a Power of Attorney, contact the Toronto lawyers at Krol & Krol at 905.707.3370. To learn more about Wills & Estates, click here.