What Happens if My Executor Gets Dementia in Tampa?

An executor plays an important role in the estate planning process. When most people select executors for their Wills in Tampa, they choose individuals who are likely to act in a calculated, efficient manner. These are often individuals with solid financial skills. They may also have a reputation for being reliable. But what happens if an executor gets dementia? This may be something worth discussing with an experienced estate planning attorney in Tampa.

Dementia Is More Common Than Ever Before 

Dementia is very common in Florida. Some counties rank at the top of the entire nation for confirmed dementia cases. This issue is increasingly common in Florida, and it means that an executor may very well develop dementia before they are able to handle a Last Will and Testament. Even if a testator chooses an executor when they are still young, they might be much older at the time of the testator’s death.

You should also know that early-onset dementia is becoming more common in Florida. Also known as “young-onset dementia,” this issue occurs before the age of 65. Although it is still rarer than normal dementia, it can theoretically affect anyone.

Florida Has Specific Rules for Incapacitated Executors 

If an executor develops dementia before or during their duties, they are legally “incapacitated” under Florida law. In this situation, specific rules apply – and the court may need to remove this executor and appoint a new one.

However, this can prove to be a complex process. If you believe the executor of your loved one’s Will has developed dementia, you may need to provide the court with compelling evidence. The early stages of dementia can be quite subtle, and it may not be easy to prove that the executor has actually developed this disorder.

If the executor develops dementia while the testator is still alive, it is time to select a different executor. Ideally, the testator should do this as soon as possible. If the testator has already passed away, concerned family members may be able to convince an executor to step down. This may be easier than going through the legal process of removing an executor.

If the executor shows clear signs of dementia and refuses to step down, families may need to seek help from an experienced estate planning attorney. Swift action could be crucial, as a confused and cognitively impaired executor is capable of causing serious damage to the family estate.

Can a Tampa Estate Planning Attorney Help With Executor Issues? 

If you are having issues with your executor, you might want to speak with an experienced estate planning attorney in Tampa. These legal professionals can help you handle many challenges associated with executors – including the unexpected onset of dementia. Speak with Knudsen Law today to learn more about your legal options.

Sources:

miamiherald.com/living/health-fitness/article277417848.html

alz-urnals.onlinelibrary.wiley.com/doi/10.1002/alz.13016#:~:text=66%2D69-,Age,the%20United%20States%20with%20Alzheimer’s.&text=However%2C%20it%20is%20important%20to,sufficient%20to%20cause%20Alzheimer’s%20dementia.