Can Someone With Dementia Sign A Will?

Someone with dementia may, or may not, be able to sign a will that is considered legally valid. Being aware of the laws that underlie this, and speaking with an estate planning lawyer, will make it easier to determine if you, or someone you know, can sign a will and have that will be considered legally valid. 

What Is Required For A Will To Be Valid? 

Right before we go over what is required for a will to be valid, we must define what, specifically, a will is. And, with that in mind, a will is a legal document that clarifies an individual’s wishes, regarding the management and distribution of the assets that comprise their estate.

Some of the assets that can be managed, and distributed, through a will, are as follows:

• Cash
• Real Estate
• Furniture
• Jewelry
• Artwork

Even though anyone can develop a will, there are certain conditions that must be present, in order for a will to be considered legally valid. Some of the most notable conditions that must be met are as follows:

• The will must be in writing.
• The will must be signed by the individual whom the will is for.
• The will must be signed in the presence of at least two witnesses.
• The will must be signed by someone who is mentally competent.

Our concern is with the latter condition, as dementia can affect one’s mental competence.

What Is Testamentary Capacity? 

Within the state of Florida, there is a concept known as “testamentary capacity.” Someone who has testamentary capacity can develop a will and, in doing so, it will be considered legally valid. But, if they do not have testamentary capacity, then they are unable to sign a will that can be considered legally valid.

The two conditions that must be met, in order for an individual to have testamentary capacity, are as follows:

• The will must be developed by, and for, a person who is over the age of eighteen.
• The will must be developed by, and for, a person who has the mental capacity to understand the will.

Regarding the latter, an understanding of the will comprises the following:

• Being able to understand the property that is to be managed and distributed.
• Being able to understand, and articulate, the beneficiaries that will receive the property.
• Being able to understand what a will is and what will happen to one’s property.

Someone who can understand the above will be able to sign a will. And, in signing this will, it will be considered legally valid, allowing the wishes clarified within the will to be met.

Can Someone With Dementia Sign A Will? 

The answer to this question is “Sometimes.”

A person with dementia, who does not meet the criteria for mental competency outlined in the previous section, will be unable to sign a will that is considered legally valid.

A person with dementia, who does meet the criteria for mental competency outlined in the previous section, will be able to sign a will that is considered legally valid.

Speak With A Florida Estate Planning Lawyer 

You, or someone you know, may be able to sign a will and have that will be considered legally valid. Speak with a Florida estate planning lawyer at the Millhorn Elder Law Planning Group today and we will assist you in developing a will that satisfies your needs.

Sources: 

law.cornell.edu/wex/will

law.cornell.edu/wex/testamentary_capacity