Sorry for confusion. Texoma refers to the land shared by Texas and Oklahoma. I think in this case, the person resides in oklahoma.Texoma? We have no state in the us called texoma so you must be in another country. This forum is for US law only
State laws vary. It's one or the other.Sorry for confusion. Texoma refers to the land shared by Texas and Oklahoma. I think in this case, the person resides in oklahoma.
Oklahoma stateState laws vary. It's one or the other.
To make the question more succinct: How are you going to prove that she was mentally incapacitated at the time the change was made?How are you going to prove that she was mentally incapacitated?
Quite so.To make the question more succinct: How are you going to prove that she was mentally incapacitated at the time the change was made?
This is based on my own experience with my father, but my dad lost the ability to write his own name quite a bit before he was totally unable to make decisions for himself. Therefore he could never have signed a new will.Doesn't this explain the "mentally incapacitated"? Isn't a "woman with Alzheimer's" mentally incapacitated?
The question would be, "does a woman with Alzheimer's" have the legal ability to change her will"?
"Alzheimer's disease is a progressive disease that destroys memory and other important mental functions."
I'm not sure where you're going with that. The point I was making was that one would need to show that the testator was incompetent at the time the will was signed/changed in order to make it invalid. The diagnosis of Alzheimers alone is not enough to prove that.Doesn't this explain the "mentally incapacitated"? Isn't a "woman with Alzheimer's" mentally incapacitated?
The question would be, "does a woman with Alzheimer's" have the legal ability to change her will"?
"Alzheimer's disease is a progressive disease that destroys memory and other important mental functions."
Do a search on the stages of Alzheimer's. Simply stating that someone has been diagnosed with Alzheimer's does not necessarily mean that they are legally incompetent.Doesn't this explain the "mentally incapacitated"? Isn't a "woman with Alzheimer's" mentally incapacitated?
And conversely, a diagnosis does not equate to a finding of incompetence (you didn't imply that but curb did).This is based on my own experience with my father, but my dad lost the ability to write his own name quite a bit before he was totally unable to make decisions for himself. Therefore he could never have signed a new will.
One would hope a physician has assessed the patient - and very recently - in order for a claim to have legs.I understand the different stages of Alzheimer's. I would think that an attorney changing a will to make the caretakers the beneficiaries of a person's will would have some responsibility to determine the stage of Alzheimer's. At what point would elder abuse become an issue ("the caretakers of a woman with Alzheimer's pressured her to change her will to leave her property to them") if a person has been diagnosed (or not) with Alzheimer's?