Can I Still Sign A Will After Being Diagnosed with Dementia?
From Our “Ask a Question” Mailbag: “I was recently diagnosed with early-stage Dementia. Can I Still Sign A Will After Being Diagnosed with Dementia? My old Will is 20 years old. I should have updated it many times, but I put it off. Is it now too late?”
Estate Planning Lawyer Paige Zirrith
Can I Still Sign A Will After Being Diagnosed with Dementia?
Can I still sign a valid Will, Power of Attorney, Medical Power of Attorney, Living Will, or a Revocable Living Trust after being diagnosed with dementia?
The answer is maybe.
Each state has a standard of competency for signing legal documents. Though the exact terms vary from state to state, the concept remains the same. If a person can understand the Will’s terms, what effect it has at the time of their death, has a good grasp of their assets and the value of those assets, and understands who their family is, then the person can sign a new Will.
Considerations to Make Once Diagnosed.
Once you no longer know your family, grasp the value of your assets, or can no longer understand the effect of a Will, you are no longer competent to sign a Will.
Just because you have been diagnosed with dementia or Alzheimer’s doesn’t mean you are now “incapacitated.” Especially at the beginning stages.
People with Alzheimer’s or dementia can sign Wills, sell their houses, buy life insurance, and take all other legal steps. However, with a will, the heirs might use the status as a reason to challenge the will.
If you are treating all family members equally, this is not a problem. But, if you wish to exclude a child, there could be a problem. You may understand the Will’s purpose, but the simple matter you have been diagnosed with gives the excluded child a reason to file a Will Contest. Ultimately, the challenge may fail, but it could still hold up your estate and cost significant money. We can help avoid these costs and complications.
Under these circumstances, working with our Estate Planning Lawyers is best. We can arrive at a plan to minimize this threat. At our firm, we not only have estate planning attorneys but also Will Contest Lawyers. By pairing these departments, we can provide your estate with better protection from challenges. Or, if there is a challenge, increase the chance it is shut down as quickly as possible.
In Conclusion, After a Dementia Diagnosis, You Can Still Sign Legal Documents as long as you are Competent.
I hope you found this short article about Dementia and Alzheimer’s Estate Planning helpful. Contact us if you want to know more or have an estate that needs our help. Let our Probate and Estate Planning lawyers help walk you through what can be a confusing process. Feel free to contact our office for a free consultation. It’s All We Do:
Wills, Trusts, Probate, and Estate Litigation!
It’s What We Do!
Peter Klenk, Esq. Pennsylvania Revocable Trust Lawyer, New Jersey Revocable Trust Attorney
Tags: Alzheimer’s, Competence, dementia, Incompetence
