Can a Person with Alzheimer’s Change Their Will?

Understanding Alzheimer’s Disease and Legal Capacity

Alzheimer’s disease is a progressive neurological disorder that affects memory, thinking, and behavior. As the disease progresses, it becomes increasingly difficult for the individual to manage their daily affairs, including making important decisions such as changing a will.

Factors to Consider When Changing a Will

When determining if a person with Alzheimer’s can change their will, there are several factors to consider:

Testamentary Capacity

Testamentary capacity refers to the individual’s ability to understand the nature and consequences of their decisions. To change a will, a person must have the mental capacity to comprehend the implications of their actions, understand the extent of their assets, and recognize their family members and other beneficiaries.

Undue Influence and Duress

Undue influence occurs when someone manipulates or coerces the individual into making changes to their will. If it can be proven that the person with Alzheimer’s was subjected to undue influence or duress, the changes to the will may be invalidated.

Proper Execution of the Will

A valid will must be properly executed, following the legal requirements of the state where it was created. If the will was not executed correctly, it may be deemed invalid, and the changes will not be legally binding.

How Hess-Verdon & Associates Can Help

If you’re facing a situation where a loved one with Alzheimer’s has changed their will or you’re concerned about their ability to do so, you need the right legal guidance and support.

Expertise in Estate Planning and Probate Litigation

Hess-Verdon & Associates has over three decades of experience in estate planning, business, and commercial litigation. Our unparalleled estate planning expertise ensures you receive the support you need when dealing with complex legal matters like Alzheimer’s and will changes.

Comprehensive Legal Counsel

We are committed to delivering comprehensive, results-oriented legal counsel to our clients. Our extensive background in trial preparation, strategy, and presentation ensures that we can effectively guide you through the process of contesting a will or dealing with concerns about a loved one’s mental capacity.
If you need assistance navigating the complex world of estate planning and probate litigation, don’t hesitate to call us at 1-888-318-4430. Our seasoned team of attorneys is ready to provide the dependability and sophistication you need to ensure your loved one’s wishes are upheld and their estate is protected.

Conclusion

In summary, a person with Alzheimer’s can potentially change their will, but several factors must be considered, including their mental capacity, the possibility of undue influence or duress, and the legal execution of the will. Navigating these complex issues requires a nuanced understanding of the law, which is where the experience and expertise of Hess-Verdon & Associates comes into play.

FAQs

Q1: Can a person with Alzheimer’s change their will? Answer: It depends on various factors, including their mental capacity and whether the will change was made under undue influence or duress.

Q2: What is testamentary capacity? Answer: Testamentary capacity refers to an individual’s ability to understand the nature and consequences of their decisions, specifically regarding their will and estate.

Q3: What does it mean if a will was not ‘properly executed’? Answer: If a will was not properly executed, it means it does not meet the legal requirements of the state where it was created and may be deemed invalid.

Q4: How can Hess-Verdon & Associates assist me in a situation where a loved one with Alzheimer’s has changed their will? Answer: Hess-Verdon & Associates provides comprehensive legal counsel, including expertise in estate planning and probate litigation, to guide you through the complex process of contesting a will or dealing with concerns about a loved one’s mental capacity.

Q5: How can I contact Hess-Verdon & Associates? Answer: You can reach Hess-Verdon & Associates by calling 1-888-318-4430. Our team of skilled attorneys is ready to provide you with the legal guidance and support you need to navigate estate planning and probate litigation matters involving Alzheimer’s and will changes.