A diagnosis of Alzheimer’s often brings uncertainty about future planning. One common question is whether a person with this condition can still make a valid will.
The short answer is yes, but only if the person meets the legal standard for mental capacity at the time the will is created. The diagnosis alone does not prevent someone from deciding how they want their estate handled. Below are some key factors to consider.
Testamentary capacity
To make a valid will, a person must meet several basic requirements. They must understand that they are creating a will. They need to know the general nature of their assets. They must also recognize who their likely heirs are. Finally, they should be able to form a clear plan for how they want to distribute their property.
If all of these conditions are met, the will is likely to be considered valid, even if the person has been diagnosed with Alzheimer’s.
Lucid intervals
People with Alzheimer’s sometimes experience lucid intervals. These are moments when they have full mental clarity and can make informed decisions. If a will is signed during one of these periods, and the person meets the legal criteria at that time, the will may still be legally valid.
It is the person’s mental state at the time of signing that matters most.
Concerns about capacity can lead to disputes after the person’s death. In such cases, evidence like medical records or witness testimony may be used to show whether the person understood what they were doing when they signed the will.
Even with Alzheimer’s, a person may still exercise control over their estate, provided they meet the legal requirements at the time the will is made. Seeking legal guidance is crucial to avoid later disputes.
