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    sfaulam's Avatar
    sfaulam Posts: 1, Reputation: 1
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    #1

    Jul 8, 2011, 07:12 AM
    Legal will change with dementia
    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?
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    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    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.

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