Alzheimer’s disease, a progressive neurological disorder, affects millions of individuals worldwide. One of the significant concerns for those diagnosed and their families is the management of legal affairs, particularly the ability to alter a will.
Yes, a person with Alzheimer’s can change their will if they still have the mental capacity to understand what the will change means. This usually happens in the early stages of the disease. It is important to have a doctor evaluate their mental state and work with an attorney to ensure the changes are legal and valid.
Peregrine Senior Living in Colonie offers individuals and their families the resources and specialized care to help family members, caregivers, and seniors find the information and support they need.
Understanding Alzheimer’s & Legal Capacity
Alzheimer’s disease can impair cognitive functions, but its progression varies among individuals. Early stages might see minimal impact on legal capacity, whereas later stages significantly hinder cognitive abilities.
To change a will, an individual must have the testamentary capacity to understand the nature and consequences of their actions. Testamentary capacity means that a person:
- Understands the nature of making a will: They need to comprehend what it means to create or alter a will.
- Knows the extent of their property: They should be aware of the assets they own and their value.
- Recognizes the natural beneficiaries: They need to know who would naturally inherit their estate (e.g., family members).
- Can make decisions free of undue influence: Their decisions must be made independently, without coercion or manipulation.
When Can a Person with Alzheimer’s Change Their Will?
Early Stages of Alzheimer’s
In the early stages, many individuals retain sufficient testamentary capacity to make legal changes. If a person is in the early stages, they can usually understand the implications of altering their will, provided they are not under undue influence.
Medical & Legal Evaluation
To make sure that changes made to a will are valid, it is often advisable to have a medical assessment of the person’s cognitive state at the time of making the will. A doctor’s statement confirming the individual’s mental capacity can be crucial in preventing future legal disputes.
Additionally, consulting with an attorney who specializes in elder law can provide guidance and help safeguard the process. The attorney can ensure that the individual comprehensively understands the changes they are making.
Challenges & Considerations
Disputes & Contests
Wills changed by someone with Alzheimer’s are more likely to be contested by family members. They might argue that the person lacked the necessary mental capacity or was unduly influenced. This makes thorough documentation and professional advice invaluable.
Power of Attorney
If an individual reaches a point where they can no longer make decisions for themselves, a previously designated power of attorney can manage their legal and financial matters. However, a power of attorney does not typically have the authority to change a will unless explicitly granted such power.
Ethical Implications
Family members and caregivers must balance respect for the individual’s autonomy with the need to protect them from potential exploitation. Any signs of manipulation or coercion should be addressed urgently to uphold ethical standards.
Steps to Take
Seek Medical Opinion
Obtain a current evaluation of the person’s mental status from a qualified healthcare professional. This assessment will determine if the individual has the cognitive capacity to make informed decisions about their estate. A doctor’s certification of mental capacity can serve as critical evidence if the validity of the will is ever contested.
Regular evaluations help monitor Alzheimer’s progression and ensure timely legal adjustments.
Hire an Attorney
A legal expert can provide invaluable guidance, ensuring that changes are legally sound and reflect the true intentions of the individual. Consider working with an experienced attorney who understands the intricacies of wills, estate planning, and Alzheimer’s disease. The attorney can help prevent potential disputes by advising on proper documentation and procedural safeguards.
Document Everything
Detailed records provide a clear trail of evidence verifying the person’s mental state at the time of making changes to the will. Keep thorough and meticulous records of all medical evaluations, meetings with attorneys, and decisions made during the process. This documentation is crucial in defending the will’s validity against future challenges and ensuring the person’s wishes are honored.
Communicate Clearly
Clear communication helps avoid misunderstandings and ensures everyone involved is on the same page. Have open and honest discussions with the individual, family members, and legal professionals about the desired changes to the will. Formally record these intentions in the will or through supplementary legal documents to provide an unambiguous expression of the individual’s wishes.
The Legalities of Alzheimer’s
Changing a will when a person has Alzheimer’s is possible, but it requires careful consideration of their mental capacity and safeguarding against undue influence. Early intervention, professional assistance, and thorough documentation are key to ensuring that the individual’s wishes are respected and legally upheld.
For families and individuals facing these challenging decisions, understanding the legal landscape and seeking appropriate support can provide clarity and peace of mind.
It is important for your loved ones to be able to communicate their true intentions. At Peregrine, we want you to know we are committed to enriching the lives of our residents with tailored support, engaging activities, and a warm, welcoming environment.
Take the first step towards a brighter future for your loved one. Schedule a tour today to experience firsthand the exceptional care and community spirit that sets Peregrine Senior Living apart.
