A person draws up a Last Will and Testament to make sure that, upon their passing, their assets and property are distributed according to their wishes.

This process can be a bit tricky if your loved one has dementia. Depending on the laws in your state, a person may be deemed “incompetent” at the time of diagnosis of Alzheimer’s disease, and therefore unable to draft a new will, or amend an existing one.

If you are the court appointed guardian of your loved one, you may have the right to determine the distribution of his or her assets and property upon their death. Consult an Elder law attorney as soon as you become guardian to find out the laws of your state.

Again, though it varies from state to state, if there was no will drafted before your loved one became incompetent, the state court may have to provide input into the distribution of those assets.

A will goes into effect only when your loved one dies.