[WSBAPT] Competency to Execute Will

[Mark Anderson]

Thank you for the detail regarding the Alzheimer's spectrum and additional factors to consider.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brian MacKenzie
Sent: Wednesday, October 23, 2024 4:45 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Competency to Execute Will

Hi Mark,

A diagnosis, by itself, is not enough to show she lacks testamentary capacity.  Alzheimer's usually has a spectrum of capacity mild to severe.  There is a test (I believe called the Folstein Mini-Mental State Examination or MMSE) which rates the severity of dementia on a 30 point scale.  It is commonly used by doctors.  In my experience 25-30 is mild, 15-25 is moderate, and below 15 is severe.  If the client can answer the questions related to evaluating testamentary capacity, and has a score roughly 20-30 on the scale, then I usually proceed with the estate plan.  If you really have concerns, you can ask the client to come back with a letter from the doctor that she still has capacity.

One thing to look out for, usually dementia is not officially diagnosed until it is moderate stage.  Family dynamics and individual ability to recognize their limitations plays a huge role.  My best advice is to talk to her and evaluate her yourself (without family present) and decide what course of action you feel comfortable with.

Best regards,

Brian MacKenzie
Attorney-at-Law
________________________________________
Gunn MacKenzie, PLLC
10000 NE 7th Ave, Suite 370
Vancouver, Washington 98685
Phone: 360-949-7480  |  Fax: 360-326-1603
Email: bmackenzie at gunn-law.com<mailto:bmackenzie at gunn-law.com>| Web: www.gunn-law.com<http://www.gunn-law.com/>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Mark Anderson
Sent: Wednesday, October 23, 2024 4:33 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Competency to Execute Will

Dear All:

Surviving spouse has wanted to change her Will since her husband's death but has not gotten around to it because she is still grieving the loss.  She was just recently diagnosed as having Alzheimer's dementia, affecting her cognition and memory.

Is a diagnosis of Alzheimer's dementia, without more, conclusive evidence that she is incompetent to change her Will?  Can anything be done to prove (and document) otherwise?

Thanks in advance.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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