I have copies in safekeeping of my parents wills. As I was moving some files around it suddenly occurred to me that their is no provision in the wills for dementia or Alzheimer's disease. My mother has dementia and is in a nursing home (other problems going on with this) and my father is showing his age more and more each day. Either of them could die on any given day so I often find myself playing out those scenarios in my head. To keep her Medicaid assistance she has to have a separate account under her name with less than $2000 dollars in it. She is not capable of making decisions . . . so . . . if my father died tomorrow what would be the most likely outcome? Court appointed guardian?

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Is Mom on Medicaid? If so then Dad is the Community spouse and their income has been split. If Dad and Mom's will read "what yours is mine" then the estate goes to the surviving spouse. If the Community Spouse dies first, their share goes towards Moms care and will need to be spent down and Medicaid applied for again. This happened to a couple I know. The daughter has always wondered if her Mom, the Community spouse, could have changed her will leaving her half to her children or Medicaid requires the wills stand as is.

Another couple, the husband suffered from ALZ. His sister wanted to leave him her estate. NJ law does not allow it, so she left it to the man's wife to be used for his care.

You may just want to consult a lawyer while Dad is able to sign a new one if allowed.
Helpful Answer (1)
Reply to JoAnn29

Yes a person with dementia can inherit. There maybe a provision that the inheritance goes into a trust to pay for their care as they would be unable to manage the funds.

A person with mild dementia can update a Will and POA.

I think you need to get legal advice on this.
Helpful Answer (1)
Reply to Tothill

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