Legal Question in Wills and Trusts in California
If a person (in California) has been diagnosed with either early onset dementia or Alzheimer's can they make a new Will. This gentleman has periods where he is perfectly lucid. He is in a facility where they would be able to determine when he is capable of understanding the Will and signing it.
1 Answer from Attorneys
Thsi is not a simple determination. He must have testamentary capacity to execute a new will. This means he needs to understand his family and the objects of his "bounty" and the property he is distributing. Standards may be higher for a living trust than for a will.
Determining capacity and proving it are troublesome. This leads to frequent will contests. You really need to consult with capable estate planning counsel to represent your "person" and help him work through any changes. Keep in mind that the attorney will be the attorney for the "person", not for you. Any signs of undue influence may create even greater problems. Finally, any gifts to care providers will be presumptively an indication of undue influence.
Despite those concerns, if the"person" wants to make changes, he should be provided counsel to help him,.
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