Omigosh, I meant no offense! Please accept my apology. I merely wanted to make sure that readers knew to look for an "elder law" attorney, since many are not familiar with that term. Such attorneys specialize in the legal affairs of senior citizens, such as wills, trusts, powers of attorney, and planning for nursing home expenses.
One good resource to find such attorneys is on the website of the National Academy of Elder Law Attorneys (www.NAELA.com).
mr aging care expert I made a mistake, I was trying to help and give you credit. I just buried my own mom as was stated. Thank you for you KIND support. patrica61 Every one on this net work makes type errors. we are all under a lot of stress. Yes i did go to a elderly attorney and a regular attorney and also got with elder care.
You wrote that one should get to an "elderly attorney" as soon as possible. I assume you mean an "elder law" attorney; being elderly is not necessarily a good indication that an attorney knows what he or she is doing!
I know the laws of New York , it is true, if the person is not of sound mind they can not make up a will, elect a power of attorney, the children may have to be elected as gardian and work with the state. Things need to be done before a person gets old and sick. I know I learn a lot, but I did know all the laws coming from business law school. It help me out with my own mom getting things in order before she was proven to have Dementia. Its takes years for it to show and its gets worse. Get to a elderly attorney as soon as possible. And no matter how much legal paperr work is down, make sure you read the fine print. patrica61
In order for a will to be valid as to competency, there are four requirements: (i) the maker of the will must know it is indeed a will that he or she is making, (ii) the maker must know the nature and extent of his or her property (e.g., if the person thinks he's only worth $50,000 but is actually worth millions, that could be grounds for disqualification), (iii) the maker is aware of "the natural objects of his bounty," that is, his or her family members or other individuals one would normally expect the maker of the will to benefit from the will, and (iv) the maker understands the manner of the dispositions, i.e., how the gifts are to be made under the terms of the will.
If there is any doubt as to any of the above, an attorney asked to draw up and supervise the signing of the will may insist on a psychological evaluation of competence or simply refuse to do it. However, I read a recent case that held that an attorney is not required to be a judge of his client's capacity, so the mere fact that an attorney drafted the will does not guarantee that it will hold up in court should it be challenged.
Some attorneys will recommend that the execution of the will be videotaped while the attorney asks the maker of the will a few questions before the signing, so as to memorialize that the individual was competent enough to make a will at that time.
Good advise - and I agree with ~the expert~ it depends upon what stage the dementia is in. Legal advise is the way to go. The Alzheimer's Association has a legal department (1-800-272-3900 {24/7 Hotline#) By the way, to help you, is the power of attorney for legal and health matters all in place? Good luck on your caregivers journey~
That depends on his stage. If he is still fairly competent, he should be able to. However, you will need to see an estate attorney for this. If you make a "do it yourself" will, you could fine it legally challenged.
If he is in late stage dementia, it may not be possible. Again, you need the advice of an attorney. Carol
One good resource to find such attorneys is on the website of the National Academy of Elder Law Attorneys (www.NAELA.com).
If there is any doubt as to any of the above, an attorney asked to draw up and supervise the signing of the will may insist on a psychological evaluation of competence or simply refuse to do it. However, I read a recent case that held that an attorney is not required to be a judge of his client's capacity, so the mere fact that an attorney drafted the will does not guarantee that it will hold up in court should it be challenged.
Some attorneys will recommend that the execution of the will be videotaped while the attorney asks the maker of the will a few questions before the signing, so as to memorialize that the individual was competent enough to make a will at that time.
If he is in late stage dementia, it may not be possible. Again, you need the advice of an attorney.
Carol