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When Dementia Affects Estate Planning

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Dementia | Elder Law Attorneys | Scottsdale, AZDementia is a devastating disease, not only for the person affected but also for his or her family. And unfortunately, the consequences of the person’s dementia can continue after his or her passing. How?

A person’s dementia can call into question his or her ability to make a will and divide property, which can lead to a will contest.  [Read more…]

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GUARDIANSHIP DOES NOT AUTOMATICALLY SUSPEND DRIVER’S LICENSE

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A guardian may be appointed for a person (the “ward”) where the ward is incapacitated and a guardian is necessary to care for the needs of the ward.  A guardian generally has the powers over the ward that a parent has over a child.  Among other things, the guardian may decide where the ward lives, and must provide for the ward’s care and education.   The guardian may also arrange for the ward’s medical care. [Read more…]

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GUARDIANSHIP CREATES INFERENCE OF LACK OF CAPACITY

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In probate law, the law presumes that a person has testamentary capacity.  Testamentary capacity is the mental state someone must have to adopt a valid last will and testament.  If someone wants to attack a last will and testament, they must overcome the presumption with some evidence of a lack of capacity or some other basis to undo the will, such as undue influence.  For example, the person attacking the will must show that the person did not know who his family was or did not what property he owned.  So, what happens if a person has a guardian appointed on the same day that he adopts a new last will and testament?  That was the issue addressed by the Court in Estate of James S. Blackford. [Read more…]

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