List the papers where capacity to make a will is in issue
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List any proposed will, any medical note in the file, and the people the file names. Do not write a will and do not say a court may direct one.
- What the lawyer must review
- You write any application. No statute authorizing a will for a person who lacks testamentary capacity was opened, so the tool does not describe that proceeding or its elements. Model Rule 1.1, including Comment 8 on technology, is your competence duty. Model Rule 1.4(a)(2) is the consultation about means. 42 CFR § 489.102 requires listed providers to give adults information about state-law rights to accept or refuse treatment and to formulate advance directives, and to ensure compliance with state-law requirements regarding advance directives. That section is not a will, and it is not a court application. The provider list and the timing rules in that section are for those providers. You do not use them to draft testamentary documents.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm instructions and personal circumstances through appropriate direct engagement. Have the responsible lawyer assess safety, capacity or vulnerability concerns and escalation.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.