QUESTION

If a life insurance policy is contested stating dementia will a basic assessment from a neurologist stating normal mental capacity hold up in court?

Asked on Oct 11th, 2011 on Estate Litigation - North Carolina
More details to this question:
Grandma died August of 2011. Life insurance policy beneficiary was changed in December 2010. There was a neurologist assessment was dated Sept. 2010 that stated Mental Status: Oriented to time. place, and person; Memory: Good recent and remote memory; Attention: Normal attention ; span and concentration: Language: Normal Comprehension and fluency; Fund of knowledge: Normal. Along with a complete neurological assessment. There was also a General Practitioner who stated senile dementia: uncomplicated in Sept. 2010 with only family questioning for diagnosis. NO other medical records show any testing or diagnosis of dementia. Will a court use the assessment from the neurologist to prove there was lucidity to know what she was doing and mental capacity was normal?
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1 ANSWER

It sounds as if both sides will have some medical evidence to support the claim, but it also seems like both medical notes mentioned are from a few months before the change took place.  For that reason, it is unlikely that the issue will be fully determined by only one medical record or the other.  The respective sides may be able to bring in other evidence (e.g., testimony from friends and family) that will shed additional light on your grandmother's mental status in December 2010, and ultimately a determination will need to be made as to whether she was competent at the time that she made the change.  Other factors could include the relationship she had with the original beneficiary (and the changed-to beneficiary).  These types of disputes can be complicated, so I would not recommend going it alone.  You should speak with an attorney in your area with some experience in these types of disputes and issues.  Hopefully you can get a free consultation, and then you will be in a position to make a more informed decision.  Good luck going forward.  -Jay Mills
Answered on Oct 19th, 2011 at 4:06 PM

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