Vincent, Romeo & Rodriguez, LLC
Call Now, For Phone Consultation
Denver Metro Office 303-500-5859
Boulder County Office 303-720-7260

Can people change estate plans when they have dementia?

It is an unfortunate reality that a common part of aging involves losing mental faculties. Around the globe, over 50 million people suffer to some extent from dementia, and millions of more people develop it every year. 

It is sad for children seeing their parents slowly lose their memories. Another point of contention is that it becomes confusing as to whether this person can update an estate plan after receiving a dementia diagnosis. Various life events may cause one person to change an estate plan, such as the death of a loved one or a change in finances. Unfortunately, it becomes rather difficult to make alterations. 

When is a person unable to change a will?

When it comes to signing any legal documents, a person needs to have "testamentary capacity." This means the person fully understands what he or she has signed. This also means comprehending the implications of such documents. People with significant dementia may not know how much money or forget the names of beneficiaries. While this person can still physically sign documents, some people may contest the will after the person's death. The argument here is that the person was not mentally competent to change the will, and the matter could remain in the courts for years. 

How can families avoid this situation?

Dementia symptoms can come on unexpectedly, so it is vital for people to establish financial powers of attorney well before that time comes. This gives someone else the legal right to make financial and legal decisions on behalf of the person if he or she cannot do so. This is also a good time to create a health care power of attorney and a health care directive so that loved ones can make medical decisions on behalf of the person. It is vital for all people to remain proactive about these documents to avoid legal complications later in life. 

No Comments

Leave a comment
Comment Information
Email Us For a Response

Contact Our Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Location:

Louisville Office
1805 Hwy. 42
Suite 100
Louisville, CO 80027

Phone: 303-720-7260
Fax: 303-604-6052
Louisville Law Office Map

Englewood Office
5460 South Quebec Street
Suite 333
Englewood, CO 80111

Phone: 303-500-5859
Fax: 303-723-8814
Englewood Law Office Map

Phone Numbers:
Phone Numbers:
    • Super Lawyers
    • Super Lawyers
    • ACTEC | The American College Of Trust And Estate Counsel
    • Top Lawyers 2015 | 5280
    • ACTEC | The American College Of Trust And Estate Counsel
    • Top Lawyers 2015 | 5280
    • Life Care Planning Law Firms Association
    • National Academy of Elder Law Attorneys, Inc
    • NELF | National Elder Law Foundation