At our firm, we meet with many individuals who have been diagnosed with Alzheimer’s or dementia. One common misconception is having an Alzheimer or dementia diagnosis means that an individual does not have the mental capacity to make planning decisions. However, this is not necessarily true.
Having Alzheimer’s disease or dementia does not automatically mean that you lack the mental capacity to make planning decisions, but you need to act quickly after diagnosis.
In New York, the mental capacity required to execute planning documents varies depending on the document being signed. For example, the level of capacity required to execute a Last Will and Testament is referred to as “Testamentary Capacity” and it is extraordinarily low.
Testamentary capacity is measured at the time of the Will’s execution and a person signing the Will need only have a “lucid interval” of capacity to execute a valid Will.
