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MIAMILAW1127, Attorney
Category: Estate Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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My mom had a episode of what was diagnosed as dementia she

Customer Question

My mom had a episode of what was diagnosed as dementia she was hospitalized and did charged within days I placed her I assissisted living for 1 month and will be returning her home with home health care basically she just needs a companion no other medical problems. Question is is she able to make changes to a will from 1968 I as her l
Daughter would be one of two beneficiaries as per old will I do have poa of her assets. She would like to make me full be befficiency as her her other daughter passed away a few weeks ago. Her only asset is her home and she would like to place me as the only be beneficiery. Her old will states my sisters share 50/50 would go to my niece. How do I prove my mother is capable of making this decision to make changes at this time. My mom is lucid and has comprehension Do I need to take her to a neurologist psychiatrist for further evaluation before ant
Y legal matters possibly adjusted. I'd
E she is commit ant to make those decisions
Submitted: 1 year ago.
Category: Estate Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

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The answer here is it depends and it is a very delicate situation.

You need to make sure that your mom is of sound mind to be able to make any changes to her will as it stands. The facts that she has dementia and that you have POA over her assets do not help the case of establishing she is of sound mind to make changes to her will.

In an abundance of caution, you would want to take her to see a neurologist and psychiatrist to make the determination that she is still of sound mind to be able to execute the legal documents necessary to modify her will. She will also need to be lucid at the time she is executing the amendment to the will in front of the presence of the notary/witnesses.

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