Can a person with Alzheimer’s disease execute a deed to property?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Can a person with Alzheimer’s disease execute a deed to property?

Mother deeded property to 2 of her children when there are 3 other children and a Will was made before she got sick.

Asked on August 29, 2010 under Estate Planning, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This is a question of fact: the issue is not whether the mother had Alzheimer's or not--since there is no "bright line" rule saying that an Alzheimer's sufferer cannot deed (or engage in other transactions)--but rather whether the mother was mentally competent at the time of the transaction. If you was not competent at the time--which again, depends on the specific facts of her condition--it may be possible to set aside the tranaction, though be aware that this could be an uphill battle; the usual presumption is that adults are competent and can engage in various economic transactions. Those seeking to set the deed aside would need to show, such as by medical evidence, that the mother was not then competent.

Note that even if someone has a will, a competent person may dispose of (e.g. deed) her assets prior to her death; there is no obligation to preserve assets to pass upon death.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption