Q: Can my Aunt put her house in a trust for me even though she has been diagnosed with early on stage dementia?
A: She should definitely speak with and work close with an estate planning attorney, the answer to your question is maybe/it depends. If your aunt has mental capacity according to her doctor and has times of mental lucidity/comprehension and understanding of what she is doing, then it potentially will be fine. If there are other family members unhappy about this decision there could be problems upon the horizon related to undue influence and or lacking mental capacity and so forth, so being sure to get a medical opinion from her doctor that she comprehends and is able to make such decisions will help. In addition to these Trust changes there should be consideration related to a Power of Attorney, Florida Healthcare Surrogate and HIPAA Waiver amongst other estate planning documents. If this is a Homestead and there is a surviving spouse, there could be additional issues and problems. Your aunt and or you both likely need to speak with an estate planning attorney to provide more details and specifics so that an attorney can give you more precise advice based on all the ongoing circumstances and concerns that exist. To generally answer your question, if your aunt has legal mental capacity, she could do what you inquire about (put house into Trust for you, per above).
Terrence H Thorgaard agrees with this answer
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