Is a Will valid if the maker has dementia?

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Is a Will valid if the maker has dementia?

Asked on June 15, 2015 under Estate Planning, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Possibly. In order for a Will to be valid, the person signing must be of "sound mind" or have "testamentary capacity". This means that they must understand what is being signed and the implications of signing. Accordingly, just because a person has a disease that can impair their mental faculties does not mean that they automatically lack the required capacity to legally sign their Will. As long as the person has periods of lucidity, they may still be considered to be competent.

Consulting directly with a probate or elder law attorney can clear things up as to a specific situation.


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