Can a person who is conserved, make his own will without his conservator?

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The person who is conserved will not let the "ward" make his own will.

Attorney Answers

4
Ivette M SantaellaEstate Planning AttorneySan Ramon, CA ·
Hello, If the conservatee has the mental capacity to do so, he should be able to do so. I have attached a link that explains the requirements for a Will in CT.
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Tony Anthony ·
The short answer is it depends. The longer answer is the conserved person ("ward") retains all rights not expressly granted by the Court in a conservatorship proceeding. In other words, the Probate Court would have had to have specifically stated that the conservator has the power to draft and finalize a will on behalf of the word. Presuming the ward has the competence to make a will, there will be no issue. If the nature of the conservatorship is about the ability of the ward to make decisions regarding her/his estate, there likely would need to be application made to the Probate Court to allow the conservator the power to make a will on behalf of the ward. It is best to contact an attorney regarding the making of a will to determine what is the best way to proceed.
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Jeffrey Crown ·
There is a CT Supreme Court case on this. I believe that it's Reid v. Lord. I once had occasion to do a will for a woman under a conservatorship. Before doing it, I informally discussed it with the probate judge. If you're going to do it, I would be very careful to discuss it with the client and obtain witnesses who know him/her and can testify as to his/her capacity. It would help to be able to have the client state the provisions of the will in front of the witnesses and perhaps memorialize their statements.
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