Can a Person with Dementia Change Their Will?

Legal Capacity and Changing a Will

Legal capacity refers to an individual’s ability to understand and appreciate the consequences of their decisions, including making changes to their will. A person with dementia may still have the legal capacity to change their will if they can demonstrate that they understand the nature of their assets, the people who would naturally inherit their property, and the implications of any changes they make to their will.

Assessing Capacity and Safeguarding the Will

When a person with dementia wants to change their will, it is crucial to involve a trusted estate planning attorney, like those at Hess-Verdon & Associates, to ensure that the individual’s capacity is properly assessed and documented. This may include seeking a medical evaluation from a specialist or engaging witnesses who can attest to the person’s mental state at the time of signing the new will.

Potential Challenges to the Will

If a person with dementia changes their will and later passes away, family members or other interested parties may contest the will on the grounds of lack of capacity or undue influence. Undue influence occurs when a third party manipulates or coerces a vulnerable individual to change their will for the influencer’s benefit. A contested will can lead to lengthy and costly legal battles, potentially delaying the distribution of the estate’s assets.

How Hess-Verdon & Associates Can Help

With over three decades of experience in estate planning, business, and commercial litigation, Hess-Verdon & Associates offers unparalleled estate planning expertise and a commitment to delivering comprehensive, results-oriented legal counsel. Our dependability and sophistication in trust and probate litigation, coupled with our extensive background in trial preparation, strategy, and presentation, make us the ideal choice for your legal needs.

Our team is dedicated to providing exceptional service to trustees, beneficiaries, business entities, and real estate partners, and we understand the complexities of cases involving dementia and legal capacity.

Contacting Hess-Verdon & Associates

If you have concerns about a loved one with dementia changing their will or need guidance on related legal issues, don’t hesitate to reach out to Hess-Verdon & Associates. Call us at 1-888-318-4430 to schedule a consultation and discuss your case with our experienced team.

FAQs

Q: Can a person with dementia change their will?
A: Yes, if they have the legal capacity to understand and appreciate the consequences of their decisions, including the changes they make to their will.

Q: How is legal capacity assessed?
A: Legal capacity is assessed on a case-by-case basis, considering the individual’s mental state at the time they signed the document and their ability to comprehend the document’s content and consequences.

Q: What is the role of medical professionals in assessing capacity?
A: Medical professionals, such as neurologists and geriatric psychiatrists, can provide expert evaluations and testimony on a person’s mental capacity, which can be crucial in establishing their legal capacity to change a will.

Q: How can a will be challenged if a person with dementia changed it?
A: A will can be challenged on the grounds of lack of capacity or undue influence. In both cases, the challenging party must prove their claim, which may involve presenting evidence of the individual’s mental state, medical records, or testimony from witnesses.

Q: What can be done to minimize the risk of a will being challenged?
A: Engaging an experienced estate planning attorney, like those at Hess-Verdon & Associates, can help ensure proper documentation and assessment of capacity, involve witnesses to the signing, and follow all necessary legal procedures to minimize the risk of challenges to the will.