Is a Will valid if the maker has dementia?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a Will valid if the maker has dementia?
Asked on June 15, 2015 under Estate Planning, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Possibly. In order for a Will to be valid, the person signing must be of "sound mind" or have "testamentary capacity". This means that they must understand what is being signed and the implications of signing. Accordingly, just because a person has a disease that can impair their mental faculties does not mean that they automatically lack the required capacity to legally sign their Will. As long as the person has periods of lucidity, they may still be considered to be competent.
Consulting directly with a probate or elder law attorney can clear things up as to a specific situation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.