I have 2 sisters who share equally in my Will but 1 now has dementia, do I need to change my Will?

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I have 2 sisters who share equally in my Will but 1 now has dementia, do I need to change my Will?

The sister with dementia has a daughter who is her power of attorney. I don’t want her involved in my affairs. What should I do?

Asked on July 24, 2018 under Estate Planning, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you need to change your will. You can put the money/assets that wil go to the sister with dementia into a trust (what is called a "testamentary trust," or one that is only created by the will at your death, and does not exist before then) with a trustee who will manage the money and dole it out to the sister according to certain rules or instructions you put into the will (e.g. so much per month; can pay for medical or housing costs; etc.). The money will be under the control of the trustee, whom you can name in the will, not the daughter with the POA. Any trusts and estates attorney should be able to draw up such a will for you quickly and inexpensively.


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