Question

Dementia Interrupting A Will Revisement.

Asked 27 April 2013 · 1 answer

The question

Hello. In brief my mother (V) has dementia. My sister (N) tells me mom has half her brain damaged from the illness. I do know mom is delusional to a great degree and believes her parents are alive even though they have been deceased for nearly fifteen years. She just stares at old photographs and then rants about the stories they are "telling" her.

Anyway, mom has forgotten how to sign her own name and gets beligerant whenever someone asks her to sign papers. Her whole concept of providing ID or how to properly operate a telephone have gone away with the illness.

Would we be able to get an affadavit signed and written up by a neurologist or psychiatrist to trump a previous will she did sign which would split her estate evenly amongst her four children?

The new will would put my 1/4 into a trust fund. My sister told me since I am on Social Security Disability the gov't will take away my inheritance AND my SSD AND my Medicare should mom pass away without having a new will written up and signed.

My mother verbally agrees to the concept or atleast goes along with it up to the point that she is asked to sign. Then when a pen is put in her hand she will rant that her parents refuse to allow her to do such and such. My sister thinks I'm nuts believing that we can get any signed docs to trump a signature.

From the LawyerCentral forum archive. Originally posted 27 April 2013 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

1 answer

Visitor answer 10 February 2015

I feel like it would be easier to just hire a lawyer. It can be tough to have someone with dementia, but how do you even try estate planning with someone who has dementia. I think it would be good to work with a lawyer to make sure you are doing all the right things to help the mother and her estate planning. (removed)

Add your answer

Answers are reviewed before they appear. They are general information from visitors, not legal advice, and do not create a lawyer-client relationship. Do not include private details.

Need a lawyer for this?

See attorneys near you who handle questions like this one.

Ask a lawyer

← All questions