[vc_row][vc_column][vc_column_text margin_bottom=”5″ css=”.vc_custom_1525900113064{margin-bottom: 0px !important;}”]The first wave of baby boomers have hit the age of 65, when the risk of Alzheimer’s significantly increases. It is estimated that 10 million members of this generation will contract the disease, according to the Alzheimer’s Association, and of those to reach the age of 85, close to one in two will be diagnosed with it. These numbers don’t take into account the other cases of dementia. While doctors and scientist scramble to develop a cure and treatment to slow the progression of the disease, a health crisis of epic proportions unfolds before us.
When dealing with dementia-related diagnosis, one area that is often left unexplored is the effect these conditions have on will contests and the courts. Often times in a will contest, the issue of dementia is a major linchpin as the plaintiff doesn’t believe the deceased had the mental capacity to create the will in dispute. If they have suffered from Alzheimer’s or another neurodegenerative disease, there may be a case under probate law to invalidate the will.Historically courts have failed to recognize the differences among neurodegenerative disorders and their unique incapacities and often leave them unspecified in case law. This is particularly problematic to understanding the true intentions of the will and the progression of decline for each specific type of dementia.
As a lawyer specializing in wills and trusts, it is Jimmy Carter’s passion project to not only educate the public about the perniciousness of these conditions, but to challenge the way courts view dementia by researching and analyzing the intersection of law and neurodegenerative deficits that occur alongside aging.[/vc_column_text][mk_blockquote style=”line-style” font_family=”none”]“Protecting the true intentions of a loved one is a serious job in probate court. If the system ignores the latest medical science, then it may also be ignoring its pivotal role for beneficiaries.”[/mk_blockquote][vc_column_text margin_bottom=”5″ css=”.vc_custom_1525141663356{margin-bottom: 0px !important;}”]In that vein, this blog aims to provide the public with information on the varying degrees and forms of dementia through frank discussions about their different biological impacts and symptoms, and most importantly here, how these conditions can potentially affect a will. Over the next few weeks, this series will explore the differences among the four common types of dementia: Alzheimer’s Disease, Vascular Dementia, Dementia with Lewy Body and Frontotemporal Dementia.
It is our aim to educate the public about these diseases so that anyone faced with these circumstances are better equipped to respond to situations as they arise. We also hope to provide all with valuable resources and information that will aid in navigating this tricky territory with aging family members.
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