Laws in every state govern wills and the transfer of estates and property upon a testator’s death. For example, Virginia statutes provide that “any individual may make a will,” except testators who are unemancipated minors or “of unsound mind.”

Unsound mind generally means not having mastery of one’s mental faculties, which could include being enfeebled enough that the testator is easily subject to improper influence by others, especially someone who would benefit from provisions of the will.

Virginia law considers someone to be of unsound mind if his or her cognitive capacity is totally impaired, meaning the person is incapable of acting rationally or understanding conversations, instructions or decisions. In other jurisdictions, impairment may not have to be “total.” Wills executed by such persons are rendered invalid, null and void.

How might these guidelines apply in other circumstances – decisions by President Biden, for instance?

Joe Biden’s declining mental and physical capabilities were apparent to many even before his election and inauguration. His Delaware basement campaign, to avoid awkward encounters with reporters and citizens, raised many questions. During his presidency, family, White House staff, legacy media, Democrats in Congress and others worked hard to hide, obfuscate, defend and excuse his infirmities, even as they became harder to deny.

Millions wondered just when President Biden became cognitively incapable of leading the United States and Free World. His inability became so obvious during the June 2024 Biden-Trump debate that Democrat Party leaders pushed the 46th president out of the race. But what about before that?

An article published shortly before President Trump’s 2025 inauguration revealed that House Speaker Mike Johnson knew Mr. Biden was no longer “in charge” of the........

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