Legal Question in Elder Law in North Carolina

Re: May a person with dementia sign a new will or codicil

A will may be changed if the person has testamentary capacity. Simply because someone has dementia does not mean they no longer have testamentary capacity. However, if the person's illness has progressed to the point where they no longer know the nature and extent of their assets and who would be their estate beneficiaries, then they likely no longer have sufficient testamentary capacity to execute a new will or ot change an old will.