Testator

• A person who writes a will is known as a testator if male, or a testatrix if female. When creating a will, the testator must meet minimum standards as required by state law or a court will later determine the will to be invalid. In general, a testator must be of sound mind and able to make his own decisions, as well as be old enough to make a will, usually 18 years of age.
  
  

Will Construction

• When a testator creates a will, he can choose whomever he wishes to receive property, including the caretaker. However, being chosen as a beneficiary doesn't necessarily mean the caretaker will receive property. Once the testator dies, the property he owned is lumped together and known as the estate. Before any beneficiary can receive an inheritance, the estate debts must be paid with the estate assets. If there is no money left over after paying for the debts, the beneficiaries do not receive anything.
  
  

Sound Mind

• In some situations, a caretaker is responsible for caring for a person who is suffering from a health condition that makes it impossible for the person to make sound decisions. As long as the testator created the will when she was of sound mind, it doesn't matter that the testator had a caretaker. However, if someone later challenges the will and can prove that the caretaker coerced the testator or otherwise helped the testator create the will when the testator was not of sound mind, a court will reject the will as invalid.
  
  

Signatures

• A testator who writes his will in his own handwriting does not need to get other people to act as witnesses. However, if any portion of the will is typed or someone other than the testator writes it on his behalf, the testator must have at least two competent adults act as witnesses and sign the document after the testator does. In some states, a caretaker who stands to inherit and signs as one of the two witnesses may decrease the amount of inheritance she can receive. Talk to an attorney if you need specific advice about the laws regarding witnesses in your state.