Tag Archive for dementia

Do Your Kids Know Where Your Assets Are?

For various reasons, you may not want your kids to know your financial affairs and other business while you’re still in control, but the day will come when they’ll need to know.

That day may come because you start showing signs of dementia and need their help, or it may be at your death. » Read more..

What Level of Mental Capacity Do You Need to Draft a Will?

Even if you are showing signs of dementia, you may still have the necessary capacity to sign various estate planning documents. In Minnesota, there is a presumption of mental competence unless a court determines otherwise. Consequently, if you are lucid at the time you sign your Will, you are considered mentally competent even if you are not lucid at some point before or after signing the document.

Wills, Health Care Directives and Power of Attorney documents each have their own legal standard in Minnesota for determining whether you have a disabling condition that prevents you from creating a valid document. » Read more..

Can a Person with Impaired Memory Execute a Will?

In Minnesota, the mental capacity to execute a Will is presumed until and unless a court determines otherwise. Mental capacity is determined case by case.  Mere old age and failing memory don’t automatically determine whether a person suffers from mental incapacity. Even if mental capacity is lacking sometimes, the court could determine that the person wrote the Will during a lucid period. » Read more..