Cognitive decline is a common issue during many people’s golden years. People may develop dementia, which can affect their ability to understand the world around them. There are multiple types of dementia that can impact people’s understanding of the world and ability to take care of themselves.
People left behind when an older adult passes could have questions about their will. If the date when a person drafted a document was after a dementia diagnosis, there could be reason to contest the will in probate court.
Dementia affects testamentary capacity
Generally speaking, most adults obtain legal testamentary capacity when they reach adulthood and retain that capacity for the entirety of their lives. People with dementia may no longer be able to name their beneficiaries or their assets.
As such, they are not in a position to arrange for the protection of their dependents or the distribution of their property. A person loses their testamentary capacity when they can no longer understand the practical implications of the documents that they draft.
When family members can show that an older adult had already developed dementia at the time that they drafted a document or changed the terms included in it, the courts may agree that they lacked the capacity to understand the implications of their choices. The courts can set aside wills and other estate planning documents drafted after an individual lost their testamentary capacity due to dementia or other profound medical challenges.
Families concerned about the contents of a will and the medical challenges of a deceased loved one may need to explore the possibility of pursuing probate litigation. A will contest can protect the intended beneficiaries of a person with dementia and uphold the legacy they wanted to leave before their cognitive decline began.