The Palm Beach Post had an interesting article on Sunday that poses a very relevant question – can a Palm Beach resident with dementia file for divorce? What about other things too? Can a Palm Beach resident with dementia amend their will or revocable trust documents? Experienced Palm Beach probate litigators know how ensure valid revisions pursuant to the law in even the challenging cases.
Testamentary Capacity and Dementia
- In order to amend your testamentary documents you have to have testamentary capacity.
- Did you know that testamentary capacity is different from capacity to do other things like file for divorce?
- Do you know what the court will look to in determining testamentary capacity?
- Is it fair to prevent someone from filing for divorce or amending a will just because they are bad with names or cannot remember what year it is?
- Palm Beach probate litigators know that when you lack testamentary capacity that your documents may be subject to a will contest.
- Does that mean that once someone requires a guardian or has other mental faculties weakened that they can never amend their testamentary documents?
- Can a guardian amend a will at the direction of the testator?
- Given the on going news about guardianship abuse is that something you want your parent’s guardian to have?
- For a more in depth look into one Palm Beacher’s struggle as he seeks divorce but also suffers from dementia take a look at the Palm Beach Post article linked below.
- What do you think should happen?
- Should the court grant his wishes?
- Want to read the whole article?
Take a look, just click here.