Mom has alzheimer's, what should she put in her will?

[alcaatwork]

I've just found out that my mom has an early form of alzheimer's. Also, it's known that she has a lot of money.

Suddenly external family members are showing great concern when they never really cared for her before. I'm told that if my mom signs a will and power of attorney aimed at the immediate family, it won't matter, because sometime in the future, any external family member could make a new will with her and have everything put towards them.

What can I do?

[user01]

Useful link http://www.canadawills.com/sign_your_will.htm

[gizmo8]

brother you should be going to a lawyer with your whole family and discuss it as a group.Video evidence when signing a will is also a good evidence that she knew what the will contains.The LAST thing your mom wants to see is a family feud for her money...>:(

[Muncher]

I think you should book your mom for a geriatric assessment, and then based on the results, consult with a family lawyer specialising in estate law. Your priority is to ensure that her monies go to ensuring she is well looked after in her old age, and then to leave the money to whomever she pleases. Better act sooner rather than later.

My parents don't have much money, a few years ago the relatives believed they had and were so friendly, now they know different, hardly a phone call. World is full of vultures!

[king_george]

1. Get a lawyer
2. Get a lawyer
3. Get a lawyer
4. Have her assign an executor and legal guardian while she still has her wits about her
5. Get a lawyer

6. Sorry to hear that.

[watching]

1. Get a lawyer
2. Get a lawyer
3. Get a lawyer
4. Have her assign an executor and legal guardian while she still has her wits about her
5. Get a lawyer

6. Sorry to hear that.


Good advice, with one more piece added:

7. Do NOT have any lawyer named as executor/POA/legal guardian.

[flexwong]

I've just found out that my mom has an early form of alzheimer's. Also, it's known that she has a lot of money.

Suddenly external family members are showing great concern when they never really cared for her before. I'm told that if my mom signs a will and power of attorney aimed at the immediate family, it won't matter, because sometime in the future, any external family member could make a new will with her and have everything put towards them.

What can I do?

relatives, don't you just love them sometimes?

[Nikita]

I've just found out that my mom has an early form of alzheimer's. Also, it's known that she has a lot of money.

Suddenly external family members are showing great concern when they never really cared for her before. I'm told that if my mom signs a will and power of attorney aimed at the immediate family, it won't matter, because sometime in the future, any external family member could make a new will with her and have everything put towards them.

What can I do?

First of all, if she already has alzheimer's she may not have the testementary capacity required to execute a will. If she has times of lucidity, that's when you need to act. Get a lawyer, have her meet with the lawyer when she is lucid to give her instructions. The lawyer's due diligence is to ensure that when she signs it, it's a time when she is lucid and does understand what she's signing. The lawyer may in fact (and we saw this in another thread) require a sworn document from the doctor attesting to her mental capacity.

The 'I'm told' part is simply wrong. No 'external' family member (I'm assuming by that term you mean family, but not immediate family) cannot make a new will with her. In fact, nobody can make a new will except her. So of course it matters that she take care of that NOW while she's still mentally competent to do so and now that she knows someone in the family wants to cash in.

The Power of Attorney has nothing to do with the issue of her distribution of her estate after death because a Power of Attorney is meant as a document to be used while the person is still alive, but mentally incapable of tending to their own affairs. That PoW ceases to have any effect whatsoever upon her death.

Your non-immediate family members either don't know what they're talking about or they think you don't know any better. I wouldn't worry about it so much, just make sure she gets a will done as soon as is possible while (and during a time when) she is lucid.


Good advice, with one more piece added:

7. Do NOT have any lawyer named as executor/POA/legal guardian.

Why? In families where there are indications that a dispute about the will is inevitable, it's often best to have a lawyer or even a bank (yes you can name a bank or trust company as executor), or really any third party name as executor. There's less chance of a family member claiming an improper distribution of the estate, less aggravation in the family etc.

I am interested though in knowing why you would say to NOT have a lawyer named as executor.