Dementia can affect relatively young people, but it is more likely to affect people in the later years of their lives. Evidence or suspicions of dementia when making an estate plan can cast doubts on the validity of that plan.
The law requires people to have what’s known as “testamentary capacity” when they make their estate plan or make adjustments to it. This basically means they need to fully understand what they are doing with regard to the estate planning decisions they put down on paper.
Possible grounds for a challenge
One of the reasons a court may allow select individuals to challenge the estate plan of a deceased is if they claim the deceased lacked testamentary capacity when they made or altered it. Such challenges are more likely to arise if the challenger feels they lost out in some way. Hence, if you are experiencing signs of dementia, firming up your estate plan is even more important if the contents are likely to cause a controversy or come as a big shock to someone.
If you do have the early symptoms of dementia, it may be wise to seek a doctor’s guidance — and a letter stating that you are currently capable of understanding your actions. Kept with your will, that may help prevent questions later.
Legal guidance to ensure an estate plan is watertight is wise for everyone of any age, irrespective of their mental acuity. This is even more true for those who expect they may get dementia, believe they are experiencing the early signs, or are worried their loved one is. An estate plan that truly reflects the maker’s wishes and will stand up in court if someone should challenge it is better all around.