Can I Prepare Estate Planning Documents for My Relative with Dementia?


Video Summary

I have a question from one of our clients who has inquired as to whether or not they can do estate planning for one of their loved ones that’s suffering from dementia. Unfortunately, you can’t do estate planning for someone else.  That’s something that they must do.  Depending on what stage of dementia they’re suffering from, they may or may not still have the mental capacity to sign the estate planning documents.  The test is whether they understand who their natural beneficiaries would be, such as children.  Also, they must be able to have some idea of the extent of their assets.

So if they understand who they would ordinarily leave their money to or who it would go to under the laws of the state of Florida if they don’t have a will, and also, the extent of their money, it may be advisable to complete all estate planning before that person’s capacity diminishes further and it’s too late. If someone’s in the early stages of dementia, they still may have the mental capacity to make a will, but you can’t make a will for someone suffering from dementia or someone that’s not.  It’s something that that person must do.

If you have any questions about that, please give us a call at (727) 847-2288. Thank you.