Q: My grandmother has dementia. Is it too late for her to write a will because she'd be deemed incompetent or not of sound
mind to make decisions?
A:
This is tricky. When someone has been diagnosed with dementia, many lawyers will NOT draft that person's will. Having dementia does not inherently make the will void, or voidable, but it could certainly cause concern for heirs who otherwise would have taken pursuant to rules of intestacy distribution. Perhaps getting a letter from her physician certifying that she has testamentary capacity would help.
You should contact an attorney who practices probate, elder law, and estate planning in your community.
This is not to be taken as legal advice and no attorney-client relationship has been established.
Josh Rohrscheib agrees with this answer
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