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Aug 02, 2026
A dementia diagnosis does not automatically prevent someone from making or changing a will in Louisiana. The diagnosis is relevant, but it does not answer the legal question by itself.
Instead, the critical question is whether the person has testamentary capacity when the will is signed. Because dementia can affect people differently—and a person’s abilities may fluctuate—the circumstances surrounding the execution of the will matter considerably.
A Dementia Diagnosis Is Not the Legal Test
Under Louisiana Civil Code Article 1477, a person making a will must be able to understand generally the nature and consequences of the disposition being made.
This does not necessarily require perfect memory. A person may forget dates, names, or minor details and still possess testamentary capacity. However, the person should generally understand:
- That the document is a will;
- That the will controls the distribution of property at death;
- The property or types of property being distributed;
- The people who would ordinarily be expected to inherit; and
- How the will changes or confirms the distribution of the estate.
A diagnosis such as Alzheimer’s disease or another form of dementia may affect this analysis, but the diagnosis alone does not establish incapacity.
Capacity Is Measured When the Will Is Signed
Timing is particularly important. Louisiana Civil Code Article 1471 provides that the required capacity must exist when the testator executes the will.
Therefore, medical records from months before or after the signing may be relevant without necessarily deciding the issue. Courts may also consider testimony from the attorney, notary, witnesses, family members, caregivers, and medical professionals who observed the person near the time of execution.
In the Succession of Sirgo, the court considered medical records and testimony from both lay and professional witnesses when determining whether the testator understood the nature and consequences of her will. The decision illustrates why a capacity dispute is usually highly dependent on the particular facts surrounding the signing.
Louisiana law generally presumes that a person has testamentary capacity. Under Civil Code Article 1482, the person challenging the will ordinarily must prove incapacity by clear and convincing evidence.
A Person May Have Periods of Greater Clarity
Some people living with dementia experience periods when they are more alert and better able to communicate and understand decisions. Consequently, the existence of significant cognitive problems on one day does not automatically establish the person’s condition at every later moment.
However, a brief period of alertness is not necessarily enough. The person must actually comprehend the nature and consequences of the will being signed. Simply recognizing family members, answering basic questions, or following instructions may not demonstrate that understanding.
The Louisiana cases also show that there is no single test for capacity. In the Succession of Finch, the court considered medical opinions, family testimony, the testator’s behavior, and the circumstances surrounding the execution of the will.
How the Will-Signing Process Can Reduce Future Disputes
When a person has received a dementia diagnosis, careful preparation becomes especially important. Depending on the circumstances, an estate planning attorney may:
- Meet privately with the client to confirm that the proposed plan reflects the client’s wishes;
- Ask the client to explain the plan in the client’s own words;
- Discuss the client’s family, property, and intended beneficiaries;
- Schedule the meeting for a time when the client is typically most alert;
- Keep detailed notes about the client’s responses and behavior;
- Use appropriate witnesses who can later describe what they observed; and
- Recommend a medical evaluation when genuine questions about capacity exist.
Family members can provide transportation or background information, but they should not answer questions for the person making the will or direct the contents of the estate plan. Otherwise, the circumstances may create a separate allegation of undue influence under Louisiana Civil Code Article 1479.
Our discussion of how to prevent will contests explains additional steps that can reduce uncertainty and future litigation.
A Physician’s Opinion Can Help, but It Is Not Conclusive
A physician’s contemporaneous evaluation may become valuable evidence, particularly when the physician understands the decision the patient is preparing to make. Medical records can also document cognitive abilities, diagnoses, medications, and changes in condition.
Nevertheless, a physician does not make the final legal determination of testamentary capacity. A brief letter stating that someone is “competent” cannot guarantee that a will is valid. Conversely, a dementia diagnosis in a medical chart does not automatically prove that the person lacked the specific capacity required to make a will.
If the will is later challenged, a court evaluates all the available evidence.
Do Not Overlook the Rest of the Estate Plan
Someone who still has sufficient capacity should consider more than a will. A comprehensive plan may also include a Louisiana contract of mandate for financial matters and an advance directive for health care.
These documents address decisions during life, while a will governs property after death. They should be completed before the person loses the capacity required to understand and execute them.
If the person can no longer make legally effective decisions, relatives cannot simply sign a new will on that person’s behalf. The family may instead need to examine existing planning documents or determine whether interdiction proceedings are necessary to manage the person’s affairs. Interdiction does not, however, allow a curator to create a will for the person.
Field Law Can Help
A dementia diagnosis makes thoughtful planning more urgent, but it does not automatically make estate planning impossible. Field Law can evaluate the circumstances, meet directly with the person making the will, and develop an execution process appropriate for the client’s condition and wishes.
If you or a family member needs to address estate planning after a dementia diagnosis, contact Field Law to schedule a consultation.
