Reference no: EM133479311

Your supervising attorney has asked you to sit in on the finalization and signing of a will by a very wealthy client, John Bender. Mr. Bender is ninety-one years old, and has decided to write his son out of the will. He believes his son, Mark, is wasting his life, and Mr. Bender does not want to provide him with the means to continue to do so after he is gone. Instead, he has decided to leave half of his estate to his granddaughter Tracy, and the other half to the Humane Society. When finishing the discussion about his will, Mr. Bender refers to his granddaughter as "Trixy" instead of Tracy, and discloses that he was recently in the hospital for pneumonia. In your initial discussion this week, you should discuss whether there is cause for concern over Mr. Bender's capacity to be signing the will, and whether there are any ethical issues you are concerned about. Your discussion should be supported by legal research from Colorado.

You should discuss ways in which you could ensure that the client has the proper capacity to be signing the legal documents. What steps could you take to ensure there would not be a will contest for lack of capacity?