Facts About Dementia in the Orlando, Florida Area
The ABA Handbook for Lawyers provides a lot of helpful information and facts on dementia. The handbook, titled “Assessment of Older Adults,” was composed by the American Bar Association Commission on Law and Aging and the American Psychological Association. The handbook contains many interesting facts. For example, did you know that the term “dementia” implies no specific cause, nor does it represent an inevitable part of normal aging? The prevalence of dementia is estimated to double every five years in the elderly. It affects 1% of 60-year-old people. However, it afflicts approximately 30% to 45% of 85-year-old people.
The handbook also states that a wide range of diseases affecting the brain cause dementia. Some of these are entirely reversible. Alzheimer’s disease is the most common cause of dementia. It accounts for 60% to 70% of dementia cases. There are new drugs emerging to slow the process of Alzheimer’s, but it remains incurable and irreversible.
How does capacity come into play regarding legal matters? Here’s one way: to make a will, the person must possess Testamentary Capacity. That is, the testator at the time of executing a will must have the capacity to know the natural objects of their bounty. They must know the nature and extent of their property. They must be able to interrelate the elements sufficiently to make a disposition of property according to a rational plan. Capacity is required at the time the will is executed. There may be a lucid moment wherein the testator had capacity to execute a will.
Rather than waiting for a lucid moment, it is much safer, if you are concerned with a loved one or relative’s capacity, to see if they will agree to meet with a doctor, neurologist, psychologist, or psychiatrist. One of these professionals can determine if they have the capacity to execute a will. It is much more powerful if you have a professional to support your position. Without that, there may be a will contest wherein the attorney who drafted the will and the witnesses to the will either support or question the capacity of the testator at the time the will was executed. A will contest is a lengthy and costly process that can be avoided with proper planning and taking a few extra steps to make sure the testator has capacity prior to signing the will.
In Florida, there are different standards for the execution of a will and for a guardianship. You may be found to be incapacitated by a court. However, the judge may let you retain certain rights under guardianship law, depending on your capacity as determined by the examining committee. If you have a limited guardianship and not a plenary guardianship, you may retain certain rights. Therefore, you still may be able to exercise certain rights, depending on which rights you retain and which ones are delegated to your guardian.
If you have questions regarding a Guardianship or Probate Litigation matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: AnnMarieGildenLaw.com; and check me out on these other sites: Ann Marie Giordano Gilden on Facebook; Ann Marie (Giordano) Gilden on LinkedIn; and Ann Marie Giordano Gilden on AVVO and Lawyers.com.
This article is for informational purposes only; and it does not form an attorney client privilege.