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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
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~
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
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.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
If he is in late stage dementia, it may not be possible. Again, you need the advice of an attorney.
Carol
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.