You would have to prove before the death of the parent if they were of unsound mind. This can only be done by more than one doctor. The problem with Dementia (my mother had it and died in June/04) had dementia and she did change her Will many times. She took me out of it and left everything to my brother. My brother thought it was very unfair, but we must remember, we are dealing with a person who is not thinking clearly. The other choice you have is to seek legal counsel and take it to court. If the lawyer can prove that there was indeed records from your parent's medical records showing they had Dementia and were of unsound mind, then you have a chance and can use the former Will. I was caregiver to my mother, and of course when she got Dementia (we didn't know it at the time) she wouldn't speak to me, but only to my brother. I honestly didn't do anything wrong, but in my mother's mind she imagined I did. Dementia is a cruel disease and is a form of Alzheimer's. My mother had changed her Will on several occasions to suit the many moods of Dementia, so I told my brother that since we both looked after my parents if the Estate was not divided fairly I would contest the Will. Sounds crass I know, and I trusted my brother, but was doubtful of my sister-in-law. Money can make people do terrible things. Most importantly it was some of my mothers and late fathers possessions (small things) that I wanted. Contesting the Will can hold up the release of the Estate for 3 years or more. My brother and I always got along, he thought I got a raw deal anyway, and it went smooth as butter and we divided everything equally. See that lawyer! Good luck Marcy Any person with a vested interest can contest a will. Vested interest is defined as someone who is named as a heir/beneficiary or would have been an heir under the state's intestate laws. The most up-to-date will is the one that is deemed valid. For a will to be valid it has to be made by a person of "sound mind" be witnessed and signed by at least two persons and be properly dated. If the will was indeed signed and dated by witnesses, it will be very difficult to contest. Be prepared for a lengthy and costly process, as contesting a will can be complicated at best and it is usually not possible without retaining a qualified attorney. Which will would take legal precedence would depend upon the findings of the probate court.
Many times, dementia may be written off as simply an elderly person being forgetful. While it is true that many elderly people do lose their memory, dementia has many other symptoms that manifest. Memory loss is the most common, but personality changes are also common. The sufferer may become angry or violent, when before they were calm. Hallucinations have also been documented in people with some kinds of dementia. Only a doctor can accurately diagnose dementia, so if you believe you or your loved one may be suffering from it, seek medical attention at once.
To make an informed choice about dementia care means researching all possible options before making a decision. Ask yourself questions like, "Who will pay for dementia care? Does my loved one want dementia care at home or in a nursing home? Does my long-term care insurance pay for elder care? How can I budget for dementia care when IHSS runs out? How much does dementia care on a live-in basis or hourly basis? What does it mean to be licensed, bonded and insured? What are the pros and cons of hiring a caregiver from a private ad vs. a home care agency?" Assess your resources and weigh your options before deciding on what kind of dementia care you want or can afford.
Person's with dementia do need much support, probably some professional help or nursing assitance. Additionally, older persons, including those with dementia, need physical exercise, as well as to keep an active mind, before it goes too far. Television is not of benefit to many older persons, or those with dementia, because it puts the mind in a state of inactivity and passivity, that might contribute to the progression of dementia. TV is physically incapacitating and emotionally blunting.
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