Can a mentally incapacitated person make changes to their own will?

[Zigner]

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?

You'd be surprised. Generally, if the lady is aware of who she is, where she is, what her assets & debts are, who her current beneficiary is, and the implications of the change, then the attorney will be satisfied. The attorney doesn't have to diagnose the testator.

 

[curb1]

It seems to me that there is some responsibility on the part of an attorney drafting a new will.

This seems like reasonable advice, "wills of persons with Alzheimer’s disease are often contested on the basis that the person no longer understood what they were doing, or that undue influence was used to obtain a specific will provision, the fact and circumstances of a will being drafted or amended by a person in the early stages of the disease should specify how and where the will was made, who was in attendance, that there was medical certification that the person was still capable of making such a will or amendment to the will. After the early stages of Alzheimer’s disease, it is advisable that no new wills be created and that no significant amendments to an existing will be made. This also reinforces the general advice that wills be made and amended in a timely fashion, when all physical and mental capabilities are still intact." Dr. Eric Pfeiffer , Psychiatry.

 

[anteater]

You'd be surprised. Generally, if the lady is aware of who she is, where she is, what her assets & debts are, who her current beneficiary is, and the implications of the change, then the attorney will be satisfied. The attorney doesn't have to diagnose the testator.

Don't forget "the natural objects of his/her bounty." (I always liked that... "bounty.")

 

[anteater]

It seems to me that there is some responsibility on the part of an attorney drafting a new will.

This seems like reasonable advice, "wills of persons with Alzheimer’s disease are often contested on the basis that the person no longer understood what they were doing, or that undue influence was used to obtain a specific will provision, the fact and circumstances of a will being drafted or amended by a person in the early stages of the disease should specify how and where the will was made, who was in attendance, that there was medical certification that the person was still capable of making such a will or amendment to the will. After the early stages of Alzheimer’s disease, it is advisable that no new wills be created and that no significant amendments to an existing will be made. This also reinforces the general advice that wills be made and amended in a timely fashion, when all physical and mental capabilities are still intact." Dr. Eric Pfeiffer , Psychiatry.

You are assuming that the testator was not in the early stages and that the attorney did not follow this advice.

In any event, since, presumably the OP was not there, there isn't any way to determine what steps the attorney took to assure that the testator possessed testamentary capacity.

If someone wishes to challenge the will, all the things we are not privy to will emerge.

 

[Proserpina]

It seems to me that there is some responsibility on the part of an attorney drafting a new will.

This seems like reasonable advice, "wills of persons with Alzheimer’s disease are often contested on the basis that the person no longer understood what they were doing, or that undue influence was used to obtain a specific will provision, the fact and circumstances of a will being drafted or amended by a person in the early stages of the disease should specify how and where the will was made, who was in attendance, that there was medical certification that the person was still capable of making such a will or amendment to the will. After the early stages of Alzheimer’s disease, it is advisable that no new wills be created and that no significant amendments to an existing will be made. This also reinforces the general advice that wills be made and amended in a timely fashion, when all physical and mental capabilities are still intact." Dr. Eric Pfeiffer , Psychiatry.

Did you read the guide I posted?

 

[Silverplum]

Did you read the guide I posted?

No one ever reads anything we post.

 

[Proserpina]

No one ever reads anything we post.

I know. And that makes puppies cry.

(I was going to say kittens but you have allergies so I chose puppies instead )

 

[curb1]

Proserpina, that is an informative link. Going back to the original question/statement, the attorney drawing the new will does have a responsibility if there was a diagnosis of Alzheimer’s disease and there was pressure to change the will.

"Legal malpractice for failure to address capacity questions in
appropriate cases is no longer a remote possibility.
This is not to say that every client should be
referred out for clinical evaluation. Indeed, there are
potentially serious negative consequences to such
referrals, including increased costs and time delays
and increased mental and emotional stress for the
client. However, if there are any signs of diminished
capacity, the lawyer is far better off consistently documenting
the process of determining that the client does
or does not have capacity to engage in the transaction.

 

[anteater]

Proserpina, that is an informative link. Going back to the original question/statement, the attorney drawing the new will does have a responsibility if there was a diagnosis of Alzheimer’s disease and there was pressure to change the will.

"Legal malpractice for failure to address capacity questions in
appropriate cases is no longer a remote possibility.
This is not to say that every client should be
referred out for clinical evaluation. Indeed, there are
potentially serious negative consequences to such
referrals, including increased costs and time delays
and increased mental and emotional stress for the
client. However, if there are any signs of diminished
capacity, the lawyer is far better off consistently documenting
the process of determining that the client does
or does not have capacity to engage in the transaction.

So, what exactly is it that you want, curb? You want everybody to say, "Yippee, let's fry this attorney." All on the basis of a two line post from someone who thinks that Texas and Oklahoma "share" land?

Of course, the attorney has a responsibility - as Zigner had pointed out.

 

[Silverplum]

So, what exactly is it that you want, curb? You want everybody to say, "Yippee, let's fry this attorney." All on the basis of a two line post from someone who thinks that Texas and Oklahoma "share" land?

Of course, the attorney has a responsibility - as Zigner had pointed out.

"In the state of Texoma!"

I have never seen that one here. I like new things.

 

[anteater]

"In the state of Texoma!"

I have never seen that one here. I like new things.

To be fair... The word is used to refer to the area on either side of the state border around Lake Texoma.

But geez... The OP taking two replies to make it clear that the person in question lives in Oklahoma.

 

[curb1]

I'm done....