A person who has dementia can draft a will, if certain criteria are met and if they are deemed to have legal capacity or understand the importance and meaning of what is being signed. But, it is important to remember that standards for capacity vary from state to state.
Before a parent or senior loved one with the disease drafts a will or signs a legal document, however, the Alzheimer’s Association recommends to:
Ask for medical advice. A doctor can better determine the level of mental capacity of your loved one
Take inventory of existing documents. Determine which estate and legal documents have been signed before your parent was diagnosed with dementia, and decide if updates need to be made
Talk with your senior loved one. Finally, discuss the document with your loved one and the consequences and implications of signing it
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