Yes, and dementia doesn’t mean the person cannot change a living will or trust. The lawyer who changes and notorizes the change is responsible for making sure the person meets the requirement of testamentary capacity.
Yes. Great answer. When my brother assigned me as his POA and Trustee of his Trust he was not perfect. The lawyer interviewed him IN PRIVATE, and wanted only to insure that A) my bro knew what he was doing B) was certain that this was what he wanted to do, and knew all the options. Kind of did that thing where he said "If you give your Sis this kind of power she can sell the gold out of your teeth". Hee hee. But, yes, a person certain has power to make decisions when they are aware of the meaning and consequences.
Is that person the same one who created the Trust, i.e., the "Settlor"? Has the person been diagnosed with any level of dementia, including a level that constrains clear thinking?
Remember that revoking an LT requires transferring titles from everything that was initially retitled in the Trust.
Yes he is. . But was over medicating, not eating, ignored most of the time for 4months . while living alone. Has memory issues prior. Person with full authority ie; Dpoa, Agent in fact, agent, waited until her negligence affected him mentally and physically. Not until the person with authority left and i arrived and saw what shape he was in and demanded she take action now as i wasn't going to leave him in this condition. She then had me take care and deal with all that was required for a week, then swooped him up and brought to Assisted living and signed the check. Two weeks later moved into his house. Delays doctor's appts and does not have his best interests first. He has since gotten better, and sees how she isn't really helping him. not visiting only takes him to Doctor. Then doesn't ask or monitor if he is having any side affects. He wants to revoke all documentation and appoint other daughter to take care of him and his estate. Use different attorney as first one was corrupt but don't want to out to the public but wants to change. . As long as we notify her by giving her a copy of the document indicating revocation this should suffice right?
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Remember that revoking an LT requires transferring titles from everything that was initially retitled in the Trust.
. As long as we notify her by giving her a copy of the document indicating revocation this should suffice right?