Legal Question in Wills and Trusts in California

they are voidable in a court of law.

I agree with the previous attorney. A determination would have to be made in court as to whether any documents signed by the individual diagnosed with dementia are voidable. Just so you understand the terms used in these cases. The term �voidable�, in terms of a contract or agreement, is ordinarily used with respect to a contract that is valid and is binding unless avoided or declared void by a party to the contract who is legitimately exercising a power to avoid the contractual obligations. A contract can be voidable due to lack of capacity or undue influence, for example. A void contract, on the other hand, is one that is void as a matter of law.

In the case of an individual with dementia, the individual himself or herself likely does not have the ability to bring a court action on his/her own. In that situation, a conservator, relative, attorney-in-fact or anyone with standing to act on behalf of the impaired person would seek a court order rendering the contract voidable on the basis of a lack of capacity. Some of the issues that may crop up in this case is the validity of the diagnoses or whether the dementia assessment was properly administered.