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Can Mom Make Changes to Her Will Even Though She Has Dementia?
- July 17th, 2015
Signing a will while having dementia does not automatically make a will invalid. In order for a will to be valid, the person signing must have "testamentary capacity," which means he or she must understand the implications of what is being signed. Generally, your mother would be considered mentally competent to sign a will if the following criteria are met: She understands the nature and extent of her property, which means she knows what she owns and how much of it; she remembers and understands who her relatives and descendants are and is able to articulate who should inherit her property; she understands what a will is and how it disposes of property; and she understands how all these things relate to each other and come together to form a plan. A qualified elder attorney should determine whether your mother has testamentary capacity to make any changes. If she does make changes, the will would not automatically be void. Someone challenging her capacity to change her will would have to file a will contest. For more information about capacity requirements for executing various estate planning documents, click here.
To find an elder law attorney near you, go here: http://www.elderlawanswers.com/elder-law-attorneys
Local Elder Law Attorneys in Ashburn, VA
Hale Ball Carlson Baumgartner Murphy PLC
Attorney Samantha Simmons Fredieu is an associate at Hale Ball. Ms. Fredieu graduated magna cum laude from Vermont Law School where she was the symposium editor on the Vermont Law Review, a production editor on the Vermont Journal of Environmental Law, and a member of the Moot Court Advisory Board. She has clerked for...
Margaret A. O'Reilly, PC
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...