How can a will be created for my father if he suffers from dementia?

My dad suffers from prominent bouts of dementia due to being in the advanced stages of Parkinson's Disease. Years ago we went to an attorney to give me POA. Over the years, I have had to use this many times for various issues.

According to him, he has a will. But I have gone over every scrap of paperwork I have come across and cannot find one. Nor had he ever mentioned an attorney who drew up this will. In his stage now, how can a will be done?

There are 4 of us siblings and my dad has discussed with all of us (years ago) his wishes & basically anything left is to be split 4 ways. Being that I am the cargiver for him, I'm feeling uncomfortable about him not having a will. My other siblings don't question how I care for our dad or how his money is spent for his care, but I've moved into his home and care for him there (I couldn't hold down 2 households) & I just don't want to have any painful issues after he passes that I hear & have seen so many horror stories after a parent's passing.

Any help, thoughts or ideas will be greatly appreciated.

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Expert Answer
3930 helpful answers
You are smart to want a will just to ensure that there is peace with your siblings. However, at this stage, it's hard to know if you can get one drawn up. Your location may make a difference. Having the POA may make a difference. The fairness of your father's wishes may help. I'd contact an estate attorney and ask for advice. I think it's the only way you'll know for sure.
Good luck,
Carol
Would your father be considered competent to sign a will now? Does he have lucid periods interspersed with confusion? (I believe that is not uncommon in Parkinson's with Dementia.) Ask a lawyer about having the signing done and witnessed in a lucid period. The elder law specialist who helped us allowed that. She came to the house and said she would just come back another time if he was having a bad day.

I am glad your siblings are not giving you a hard time now. You are right, sometimes splitting an inheritance brings out the worst in people.

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