Q: I asked a question 6 days ago. My father signed a document in july 2006,he was diagnosed with dementia &alzhiemers in
late 2003the document was an amendment to trust,i have proof,can I get the amendment tossed out?
A:
Maybe, but a diagnosis of dementia alone will not be enough. You'll have to show that at the actual time he signed the Amendment he lacked the mental capacity to understand what he was doing and form the required intent. Dementia usually progresses over time -- sometimes more quickly than others -- and even a long time after the first diagnosis the person can still have lucid periods in which they possess the necessary understanding and intent. Consult an experienced estate planning or probate attorney in the appropriate state for specific advice.
PS: My comments here are for general information only and are not specific legal advice about your situation nor do they create an attorney-client relationship between us. Consult an attorney in your state for specific legal advice.
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