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View Full Version : Legal will change with dementia


sfaulam
Jul 8, 2011, 07:12 AM
My boyfriend and I have lived together for 20 yrs, up until his children took guardianship of him 1yr. Ago, because of his diminished capacity with dementia. I have always been in his will Can they change his will?

AK lawyer
Jul 8, 2011, 07:20 AM
No. They can't.

If he changes his will, and after his death they submit it in probate, the question will be whether he had sufficient mental capacity to make a will at the time he made the change. If a legal proceeding to establish guardianship has occurred, this issue appears to have already been decided.