Legal Question in Elder Law in New York

Re: Wills

Probably. The statutory requirements (NY Estates, Powers and Trusts Law (EPTL) 3-1.1)) states that a person over 18 years of age and of sound mind and memory may make a will.

"Sound mind and memory" means, more or less, that a person has to understand (in a general way, not to the dollar) the nature and extent of their property, and the natural objects of their bounty (their heirs).

The bar is set fairly low as to what level of 'capacity' someone needs in order to meet the requirement of being of sound mind and memory. So "beginning stages of dimentia" indicates to me a person has some trouble remembering things and becomes confused at times, but at other times (and probably most of the time) seems fine. As long as the attorney overseeing the execution of the will is convinced the testator has capacity to make a will at the time it is signed, this person can make a will. If not, you may have to bring the person into the lawyer's office on another day and at a different time of the day.

Good luck.

Rick Bryan