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incapacity (1 viewing) (1) Guest
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TOPIC: incapacity
#6854
great1 (User)
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incapacity 7 Years, 8 Months ago Karma: 0  
If a person has not been deemed incapacitated by a physician, but is exhibiting signs of dementia, what precautions do you recommend be taken before that person executes a new will? BTW, there does not appear to be any problem with the beneficiaries as they all want this parent to execute a new will, but are concerned that she may not be able to due to her dementia. As the drafting attorney, is there any misfeasance or misconduct for executing a will for a person with signs of dementia?
 
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#6864
norton (Moderator)
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Re:incapacity 7 Years, 8 Months ago Karma: 0  
I would have the will executed in the presence of independent persons and possibly have it video taped. I would definately ask her questions to establish that the testator has sufficient mental competency. If you dont establish mental competency, dont ask her questions, dont have the will witnessed, and dont had it video taped to preserve her state of mind, then you could be guilty of negligence.
 
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#6890
Score162 (User)
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Re:incapacity 7 Years, 8 Months ago Karma: 2  
To add to great1's post, what if you added a no contest clause (aka in terrorem clause), would that make the trust less subject to being contested?
 
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