---
title: "List the papers where capacity to make a will is in issue"
url: "https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/apply-for-a-court-authorised-will-for-a-person-without-testamentary-capa/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A18-Y20261018-7-US"
practice_area: "Elder Law & Powers of Attorney / Guardianship"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List the papers where capacity to make a will is in issue

> 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.

Canonical page: https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/apply-for-a-court-authorised-will-for-a-person-without-testamentary-capa/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Elder Law & Powers of Attorney / Guardianship](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| 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 | United States |
| Applies to | [Apply for a court-authorised will for a person without testamentary capacity](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/apply-for-a-court-authorised-will-for-a-person-without-testamentary-capa.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not draft testamentary words. You write them, if you write them at all.
- An advance directive and a will are different documents.

## Sources

- [42 CFR § 489.102 (advance directives)](https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-G/part-489/subpart-I/section-489.102) (checked 2026-10-22)
- [ABA Model Rule 1.4, Communications](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_4_communications/) (checked 2026-10-22)
- [ABA Model Rule 1.1, Comment 8](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_1_competence/comment_on_rule_1_1/) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*