Can someone diagnosed with dementia enter into a legal transaction?

UPDATED: May 21, 2014

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Can someone diagnosed with dementia enter into a legal transaction?

My mom is 92 in her Will she has left me the house. She now wants to transfer the title to me so that she can save costs of insurance and taxes. I would take those over those expenses. I also would like to rebuild and live there with her. I have heard that because she has been diagnosed with dementia . We cannot do this. Is this true?

Asked on May 21, 2014 under Real Estate Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are very wise to ask this question before the transfer.  It really depends on what stage of dementia she is in and if she is still considered legally competent to enter in to legal transactions.  The early stages of dementia do not necessarily preclude her ability to conduct her own business.  Speak with her doctors and then an attorney.  Good luck.

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