The penultimate will: Its potential as an instrument to protect the mentally deteriorated elderly

Mental deterioration in late life usually leads to loss of control over the direction of one’s remaining life. The “penultimate will” is a mechanism providing choice in mid-life of a “guardian” in case of future incompetence. At stake are choices such as community residence versus institutionalization, physician, and criteria for expending or conserving assets. The Last Will and Testament should be accompanied by a Penultimate Will.