Legal Question in Wills and Trusts in California

Depends on the degree. A person with early dementia might still have capacity to contract, make a will, etc.

Interesting question. There are several aspects to this question. The first aspect is whether she has the capacity to enter into a contract. The next question relates to what she hires the lawyer to do. If the lawyer is hired to protect her interests and acts consistent with that, especially if there is a threat of someone taking advantage of her, then it is likely that a court would be ok with the relationship.

The answer to this question will depend to a large degree on the particular facts involved such as whether the attorney is being hired to change a disposition in a will or trust, etc.

Caleb

J. Caleb Donner

DONNER & DONNER

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An individual with dementia does not necessarily lose the right to contract with or retain an attorney. A woman with early stage, or even moderate dementia, may have moments of clarity when she knows what she wants to do and the resulting consequences. For example, if she is looking to change her will or trust and understanding that she will be adding beneficiaries or property or bequests and what the effect of these changes are, then she may have the ability to do so. As Mr. Donner said, if she feels she is being taken advantage of or pressured, she may be able to hire an attorney to protect her rights.

Most experienced elder law attorneys are able to prelimiarily assess their potential client's abilities in light of dementia. If the woman meets with an attorney, but brings someone with her, the attorney would likely talk to the woman alone at some point to determine that she is not being unduly influenced. Additionally, it is important to talk with her doctor. The woman's doctor should be able to assess the woman's capacity, as well as her stage of dementia. Another area that estate/elder law attorneys look at, if the woman is looking to amend or revoke her trust/will, is whether any proposed changes effect the nature objects of her bounty in favor of an unusual choice. What this means is that normally one leaves their property to their spouse, children, other relatives or close friends. Of course, everyone's circumstances are different. But, a bequest to an unusual person might be viewed suspiciously, paricularly if the change is abrupt.

Yes, during what is called a "lucid interval". I think everybody over a certain age has some symptoms of what is called "dementia" , especially true in Washington D.C....