Unfortunately, the aging population in the United States is becoming increasingly affected by dementia. Furthermore, family members who are seeking assistance on behalf of their loved ones with dementia may be confused about how to proceed if they have never made a will before. Testamentary capacity is one of the most important components of the estate planning process for someone who has recently been diagnosed with dementia.
A person who is in the more advanced stages of dementia may not be able to understand what they are signing or be able to explain what they wish to happen to their property. This means that the will could eventually be challenged when that person passes away. the sooner on in the dementia diagnosis that you can share these concerns directly with your loved one and begin to put together a plan of action for addressing the major concerns for his or her future, the better all of you will feel about the situation and the less likely it will be to face a contested will situation down the road.
It is never easy to deal with a major diagnosis in your family, particularly when you have estate planning intentions that you wish to carry out. Having a knowledgeable estate and elder law planning attorney who has managed these delicate situations before and who can give you proper guidance about your future is extremely helpful in this difficult situation.