Home | Alzheimer’s, Dementia & Estate Disputes: A Resource Guide for Families

Alzheimer's, Dementia, and Estate Disputes: A Resource Guide for Families

When someone you love is diagnosed with Alzheimer’s or another form of dementia, the questions come quickly. Can they still sign a will or trust? Who can manage their money? What happens if someone takes advantage of them, or if documents change late in life?

Many of the disputes RMO LLP is asked to resolve begin the same way: a parent’s memory or judgment starts to change, the family isn’t ready, and questions about who is really making decisions surface only after it’s too late to ask.

This guide gathers what we’ve learned in court so you can protect your loved one’s wishes now and know where to turn if a dispute arises.

Key Takeaways

A diagnosis doesn’t automatically end someone’s legal capacity. What matters is whether they understood the specific decision when they made it.
The period after a diagnosis is often the best window to review and update estate planning documents while legal capacity remains.
Powers of attorney, trusts, and advance healthcare directives can often reduce or eliminate the need for a conservatorship, but only if they’re signed while capacity remains.
Sudden new “helpers,” isolation, and late changes to documents are common warning signs of exploitation.
If a will or trust was created or changed after cognitive decline became a concern, deadlines to challenge it may be short. Seek legal advice as soon as possible.

November is National Alzheimer's Disease Awareness Month.

All month, we’re sharing practical guidance for families navigating a diagnosis, from capacity and powers of attorney to caregiver disputes and protecting a loved one from exploitation.

Why We Walk

On November 1, team RMO joined families across Southern California at the Walk to End Alzheimer’s in Santa Monica, which RMO is proud to sponsor. Our attorneys see the legal side of this disease every day: families trying to honor a loved one’s wishes while protecting them from harm. Supporting the Alzheimer’s Association’s work on care, support, and research is one more way we can help.

"One of the trends we're going to continue to see is the rapidly growing incidence of Alzheimer's and other dementias as our population ages. That makes reviewing your plan while you have the ability to make and communicate your own decisions increasingly important. Once capacity becomes an issue, changing a plan can become much more complicated, and questions about who is making or influencing those decisions can become much harder for a family to resolve."

Scott Rahn

Founding Partner, RMO LLP

What Families Should Know

Five guides drawn from our blog and thought leadership, ordered the way most families meet these questions: from the diagnosis, to managing money, to protecting a loved one, to what happens after a loss.

The Diagnosis Moment: Why Timing Matters

An Alzheimer’s diagnosis doesn’t automatically end someone’s ability to sign a will, trust, or power of attorney. California law asks whether the person could understand the specific decision when they made it, and the bar differs by document. Because capacity can change from day to day, the months after a diagnosis are often the clearest window to put plans in order.

Managing Assets: Who Can Act, and How

A power of attorney lets your loved one choose someone they trust to manage their affairs without going to court. A conservatorship is court-appointed and court-supervised, and it may become necessary when a person lacks capacity and less restrictive alternatives are unavailable or inadequate. Knowing the difference, and the less restrictive alternatives in between, helps families act before a crisis.

Protecting Against Exploitation

People living with dementia are frequent targets of financial abuse, often by someone they trust. Watch for a sudden new “friend” or caregiver, isolation from family, unexplained withdrawals, and rushed changes to wills, trusts, or deeds. California law gives families tools to stop the abuse and recover what was taken.

Families and Caregivers

Caring for a parent with dementia is hard, and it can strain sibling relationships. Clear communication, good records, and written caregiver arrangements protect the person providing care and reduce the suspicion that often turns into litigation later. Knowing the early signs of declining capacity helps families plan together.

After a Loss: When Documents Changed After a Diagnosis

If a will or trust changed after your loved one’s diagnosis, you may have grounds to challenge it, but a diagnosis alone isn’t proof. Courts look at timing, who was involved, medical evidence, and whether someone exerted undue influence. Deadlines to act can be short.

Short Explainers From Our Attorneys

Free Guides

Decision Tree

Do You Have Grounds to Contest a Will or Trust?

It’s critical to assess whether you have a valid legal claim before spending time and resources pursuing the contest. Our decision tree can help you determine if you have a case.

Guide

Reporting & Proving Elder Financial Abuse: A Step-by-Step Guide

We see cases of financial elder abuse far too often in trust and estate administration. The well-meaning creator of a trust or will intends to leave valuable assets to their family, only to have their vulnerability exploited through tactics such as fraud or undue influence.

Guide

Statutes of Limitations in California Inheritance Disputes

Many valid inheritance disputes are unfortunately dismissed or time-barred because interested parties with valid claims do not bring them forward in time. Inheritance disputes are emotionally and financially complex, only made more challenging by the complexities of nuanced deadlines and detailed legal processes.

As Seen On

From Our Blog

How We've Helped Familes

We have a longstanding reputation of protecting people and defending legacies.

$900,000 Estate Protected with Guardianship in Protection of Elder

Prevented exploitation of our clients’ vulnerable father at the hands of their brother by obtaining a permanent guardianship of the person, appointing our client as a guardian, and implementing visitation restrictions to prevent continued influence.

Trust Amendment Invalidated for Undue Influence

After trial, awarded a seven-figure judgment, plus attorney’s fees and costs on behalf of the elderly niece of the decedent, where auntie’s neighbor/caregiver used undue influence to connive her way into becoming the primary beneficiary of her trust shortly before she passed.

Refuted Forged Estate Planning Documents

Secured the estate of our client’s late father, who had been victimized by childhood friends who had forged estate planning documents to steal his estate from his family.

Invalidated Fraudulent Property Transfers

Secured return of our client’s home value after her daughter and son-in-law moved into the home under the guise of “helping” her, only to defraud her into signing documents signing her home over to them, after which they forced her out of her home.

Righted Caregiver “Girlfriend’s” Grift

Recovered the home of an infirm, institutionalized senior who had been victimized by his “girlfriend,” an opportunistic volunteer at his care facility, securing his golden years.

Online Romance Fraud Halted

Established an emergency conservatorship of the estate of a divorcee who had been ensnared by Nigerian fraudsters,who had infiltrated, isolated, defrauded and unduly influenced her into sending them millions, leaving her destitute and unable to buy food.

Frequently Asked Questions

Can someone with Alzheimer's still sign a will or trust?

Often, yes. The question is whether they had the required mental capacity when they signed. In California, the standard for a will is lower than the standard for creating a new trust, and a diagnosis alone doesn’t settle it. Read more.

Does a dementia diagnosis make a will or trust invalid?

Not by itself. California law looks at whether specific mental functions were impaired enough to affect the decision, not at the diagnosis alone. Evidence about timing, medical records, and who was involved usually decides these cases. Read more.

What's the difference between a power of attorney and a conservatorship?

A power of attorney is signed by your loved one while they still have capacity, naming someone they trust. A conservatorship is ordered by a court, usually after capacity is lost, and comes with ongoing court supervision. Read more.

What should I do if I think someone is taking advantage of a loved one with dementia?

Write down what you’ve noticed, keep copies of statements and documents, report concerns to Adult Protective Services or law enforcement, and speak with an attorney about stopping the abuse and recovering assets. Read the step-by-step guide.

How long do I have to challenge a will or trust?

It depends on the document and the state, and some deadlines are only a few months long. Don’t wait to get advice. Read more.

Concerned About a Loved One's Plan or Care?

Whether you’re worried about a recent change to a will or trust, a power of attorney being misused, or a family member who needs protection, our attorneys can help you understand your options. Serving clients across California and Texas.

Free Consultation

A member of the RMO Client Relations team will reach out to gather additional information concerning the parties to your case and schedule your consultation.

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