Can a person with Alzheimer's make a will? 9 Answers as of September 26, 2011

It depends. A person can make a will so long as they have testamentary capacity at the time the will is executed. People with Alzheimer's can be competent and lucid then shortly thereafter not be. Obviously, the more advanced the stage of Alzheimer's the less likely the person will have the requisite capacity.

"With Alzheimers" is very broad. In order to make a will, a person has to have testamentary capacity. The person needs to know his or her family, know what he or she owns, and be able to make a plan to distribute things upon his or her death. In the early stages of dementia, many people still have this level of competence.

Maybe, depending on their testamentary capacity at the moment they make the will.

A person with Alzheimer's or any other ailment that compromises their understanding might be able to still make a Will. They must still meet the statutory requirements for being "of sound mind". That is, theyhave to have capacity to make a Will. They generally speaking need to know whothey are, what their property is, who are the natural objects of their bounty and be able to devise a scheme ofdescent anddistribution of their property. Of course, the more questionable their capacity, the more likely it will be challenged, and the more the "natural objects of their bounty" are excludedor treated unequally, the more likely it will be challenged, and of course, the higher the value of their property, the more likely it will be challenged.

It depends on how badly they are affected by the disease. It's possible that someone in early stages could be deemed competent to execute a Will, but they should be sure to get documentation from their doctor attesting to the fact that they have the mental capacity to do something of that nature. Otherwise, there is a strong likelihood that a Court will later determine the Will to be invalid.

A person must have the legal capacity to understand what they are signing and form an intent to make a Will. Simply because someone has been diagnosed with Alzheimer's does not mean they do not have the ability to form an intent to create a Will and understand what they are signing. So, yes, an individual with Alzheimer's can make a Will if they have the legal capacity to understand what they are signing.

It depends. They should have a medical doctor determine and put in writing if they have the requisite capacity to make a Will. If they have capacity they may make a Will. This is called testamentary capacity. If they are under guardianship in addition to that you generally need court order. If they do not have testamentary capacity, they cannot make a Will. A qualified attorney should be consulted. We charge $100 for a one hour consultation with an attorney who will provide you with important information regarding your specific case and will able to advise you on the options that you should consider in determining your next steps, or if it involves reviewing documents and preparation in advance of the meeting, we charge $300 for the consultation, because there is over one hour of review and preparation for the meeting and one hour for the meeting.

No. they lack the mental capacity to make a Will. Only an individual with the requisite mental capacity can make a Will.