How does a dementia diagnosis affect my ability to do estate planning?

Estate planning involves signing legal documents which those who are incapacitated due to a dementia diagnosis often cannot do.  For estate planning documents to be valid, they must be executed by a person with “testamentary capacity.”  This is why proper estate planning before capacity is lost or diminished is critically important in ensuring assets will be passed on to the desired beneficiaries.

However, a diagnosis of dementia does not always entail an immediate loss of legal competency or the right to sign contracts and undertake estate planning.  If a diagnosis of dementia is made and estate planning documents are not already in place, it is important to meet with an estate planning attorney right away to assess the necessary legal capacity or competency and discuss an estate plan before it is too late.

If you need help with estate planning for you or a loved one, contact Bach & Jacobs, P.A. at (941) 906-1231.