Alzheimer's diagnosis - mental capacity

[Victoria19]

Hi, anybody able to comment from experience or knowledge
Sibling disputing mums capacity to make decisions in final years because of a diagnosis of Alzheimer's
I didn't agree that a diagnosis meant had lost capacity, (memory clinic happy to continue with medication for 5 years as not deteriorating).
I continued to support her with decisions and choices she made, where she lived,health,purchases,finances etc.
since death sibling disputing capacity and thinks there should be more in her estate (I am executor)
Sibling talking about court. I'm concerned there my be a case to answer because of diagnosis. Anyone know how the law courts would view.
Families eh, no idea there was any family frictions beforehand.

[ostell]

She may be talking about court but what is she saying she is going to claim in court? SHe may very well be spouting rubbish.

[Amethyst]

Sorry to hear of your loss.

Did you have a Power of Attorney before your Mother passed away?

Had your mum changed her will since the diagnosis which is causing your sibling to dispute the validity of the will ?

or is it simply a dispute on the size of the estate before distribution ? ( not due to gifts or money taken by you but because your mum had made puchases? which your sibling doesn't think she'd have made without influence? or something along those lines ?)

Peridot

[Peridot]

Hi Victoria19,

Really tough for you.
Legal capacity can be moveable, so to speak and is only relevant to the moment decisions are taken so even with a diagnosis of Alzheimer’s for example that doesn’t necessarily mean the person does not have lucid times when they are perfectly capable of making their own decisions.
You don’t need to go into detail but things such as when the Will was made and whether the Will was prepared by a lawyer, could be relevant. If the Will is not disputed and basically divides the estate equally then I assume there can be no issue around this?
It seems from your post that your sister is disputing what money was spent during your mum’s lifetime, is this more the issue?
As Amethyst said were you acting for your mum under a power of attorney? Provided an attorney acts in your mum’s best interest if she was unable to make certain decisions herself then it would be difficult for her to argue there has been any wrongdoing. In any event if it is the case she is disputing money spent in mum’s lifetime this is irrelevant to the administration of the will in so far as making any claim.
Has she been given accounts for the administration of the estate yet? Do you have records of your mothers spending before she passed away?
It may be helpful if you could expand a bit on what your sister is alleging. Are we talking a few hundred pounds or a property that has been sold and all money spent, for example.
sorry more questions but may be able to point you in the right direction more easily with a few more details.