Dementia
Learn how dementia affects estate planning decisions and why creating a trust early protects your family when capacity becomes a concern.
Can someone with dementia still set up a living trust?
It depends on whether the person still has legal capacity, which means they understand what they own, who their family members are, and what signing a trust document means — not whether they have a diagnosis. Early-stage dementia does not automatically disqualify someone from creating a trust, but the window can close quickly as the condition progresses. Once a person loses capacity, a court-supervised conservatorship or guardianship typically becomes the only path forward, which is a longer and more costly process. This is why many families explore trust options as early as possible after a diagnosis.
