Cumming, GA asked in Family Law for Georgia

Q: My 94 year old dad changed his will after being on Alzheimer’s medicine for seven years. Is this legal?

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1 Lawyer Answer
Michael D. Birchmore
Michael D. Birchmore
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: There is no law that says a person is too old or too sick to execute a Will. The key issue is whether the person is actually Compos Mentis (of "sound mind" or "...having a mastery of one's mind.") and not Non Compos Mentis (not of "sound mind" or "...NOT having a mastery of one's mind.") at the time of signing the Will. This is a confusing issue to determine and it might require a medical opinion in some cases. One should be very sure the person is Compos Mentis at the signing of the Will. This is a highly contested issue at trial in the probate stage (after death) over the estate. Remember, "When in doubt, FIND it out."

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