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You might have to go the guardian route with probate. As far as legal costs, in my area a trust is 8 K and guardianship is similar. You have to tread carefully here. Getting it wrong can leavecto trouble when memory loss is involved.
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Reply to MACinCT
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"A living trust is a type of estate planning document that serves two primary functions. First, it specifies who will manage your assets during your lifetime, including if you become incapacitated, as well as after your death. Second, it determines who will inherit your assets after you die and under what circumstances."

I would say that it would depend on how advanced the Denentia is. As Isthis said, they have to understand what they are signing.
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Reply to JoAnn29
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No.
Once someone is diagnosed with or suffering from Dementia, he/she can no longer make any such legal document as Will, Trust, POA, legal changes of any kind including filing for divorce, deed changes, etc.

This person is no longer capable of legally designating anything.

If you fill us in a bit more we may be able to help you a bit more.
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Reply to AlvaDeer
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Isthisrealyreal Feb 23, 2025
Alva, I am going to disagree with you on "once someone is diagnosed with dementia..." the hospital my dad was diagnosed for dementia in provided the notary to sign the POA he granted me. It is fully dependant up the persons ability to understand in the moment, not long term or even short term recall.
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You seem to be mixing up some lexicon. Do you mean a Living Will? A Last Will and Testament? A revocable Trust?

Trusts aren't just "made out". They are complex and also expensive to create: $1000+. Ours cost $3600. The more assets one has, the more complex it can get.

It depends on how advanced their dementia is. A good certified elder law attorney will take the elder aside to privately interview them to assess their legal capacity and to ensure they are not being coerced. You will not be allowed in this interview. You are in danger of seeming to be coercing this person, especially if it's not their idea about the Trust and they can't comprehend how it works. It's not something that happens in a rush -- the attorneys don't work that way. It usually takes more than 1 appointment.
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Reply to Geaton777
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Go to www.nelf.org and find a certified elder law attorney in your area.

They will be able to help you and they will be able to determine if they can do it based on the cognition of the person during the meeting.
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