Legal Question in Wills and Trusts in North Carolina

Just because a person has dementia does not mean that the change is invalid or that the person cannot make a new will. To be valid, a person only needs to have testamentary capacity. This means that the person making the will knows who the natural objects of her bounty are (she knows who her heirs/beneficiaries would be) and knows what she owns. There are many degrees of dementia as well and a person can be lucid on a good day. So only a doctor could make this diagnosis.

To revoke a will, the person who made the will could simply rip it up. That will not revive the old will however. The person wanting to dispose of her assets really should see a lawyer and allow him or her to determine competency to make a will and have the attorney draft it.

I am concerned though that this person who made the will does not know what he or she is doing if they made changes and now want to change the will again. I am also concerned that unscrupulous people or family may try and take advantage of the person. I hope they have a trusted person to help manage their assets and look after their personal care.