While the laws can differ from state to state, anyone signing a deed must have capacity to convey the property. Having vascular dementia does not necessarily mean that the individual does not have capacity. It depends on how far along the disease has progressed. But it would certainly be evidence in terms of challenging the deed. Again, while we can’t comment on the law in your state, usually there’s no statute of limitations – the deed is either valid or not. But the presumption will be that the deed is valid, and the longer the delay, the more difficult the challenge.
Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of ElderLawAnswers.com and answers consumer questions about estate planning issues here and at AskHarry.info.
