East Hampton, CT asked in Elder Law, Estate Planning and Probate for Florida

Q: What is statute? If someone has dimentia and it’s medical records can they change poa and will

2 Lawyer Answers
Jason E. Neufeld
Jason E. Neufeld
Answered
  • Estate Planning Lawyer
  • Plantation, FL
  • Licensed in Florida

A: Just because someone has dementia does not mean that they, definitively, cannot sign a new POA or Will. The test is whether the person was lucid at the time they signed the document. In other words, did they understand what they are signing when it was signed.

Dementia is a spectrum. Meaning some people have a mild form that causes occasional forgetfulness and other people, sadly, wont recognize their own family. Some people are lucid during different times of the day. This is sometimes referred to as "sun-setting". Whereby in the morning they will be clear, alert, oriented, etc..., but as the day goes on they start to lose their capacity.

I hope this helps.

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Estate Planning Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: No. Unless the person "is of sound mind" they are not legally competent to give anyone a POA or to change a will or to create a will.

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