QUESTION

my mother has mild dementia and wants to change her will. Can she do it?

Asked on Nov 09th, 2014 on Wills and Probate - New Jersey
More details to this question:
My mother suffers from mild dementia. She wants to remove her son from her will. I know if we go to attorney they'll likely ask her if this is her decision. She is generally lucid enough to know what she is doing and this is 100% her decision. They might feel I'm coercing her if she comes across as confused. Please advise
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
You would have to document your mother's mental condition.  A mild case of dementia is not necessarily going to prevent her from redoing her will.  She must know the "objects of her affection and the nature of her bounty" which means she has to know what assets she has and to whom she wants to leave them.  Even if she has some confusion or other issues, she might be lucid enough to do a will.  That would be a very fact specific decision. 
Answered on Nov 10th, 2014 at 12:38 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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