And families need to ask themselves and even argue what the family member with dementia would have wanted. There is no solid answer to this question. But if your loved one signs these important documents before dementia sets in, their intention can be made pretty obvious. It is also important to remember that we are writing here about capacity and not necessarily about the validity of documents signed by a person with dementia. It is quite possible that although a person with dementia has testamentary capacity, they were too influenced by someone else when signing the will. There is a difference between capacity on the one hand and undue influence on the other. Dementia can prevent a particular signer from signing a document, or their ability to sign is sufficient. But the same person could be made more vulnerable to inappropriate influence due to their dementia. •A minority is presumed to be unable to work. That is, a person under the age of 18 usually does not have the legal capacity to enter into a contract, sign a trust (or will), or make medical decisions for themselves. A person with dementia may need to sign other documents such as a deed, power of attorney, health care representative, purchase agreement, etc. Lawyers generally agree that the standard of ability to sign such documents is slightly higher than that of a will or trust. And the reason seems to be that these documents often deal with a certain property or a certain problem.
The ability or skill is tested a little differently depending on the documents the person signs. The most developed capacity law, unsurprisingly, focuses on the level of understanding required to sign a will. This standard is almost commonly referred to as “testamentary capacity.” Although the precedent for defining testamentary capacity dates back at least to the mid-sixteenth century in England, the norm is sometimes reformulated or reformulated. “capacity` means the ability to understand the nature and consequences of the act of performance and of granting, revoking, amending or amending a power of attorney, a provision of a power of attorney or a person`s power of attorney to act as an agent under a power of attorney.” See General Obligations Act 5-1501(2)(c). In other words, the person must understand both the benefits and risks of signing a power of attorney. He must also understand all the provisions of the power of attorney and know what power he gives to the agent with respect to his property. Ask for these documents when planning for the future: In some cases, a doctor`s examination of the person`s competence may be necessary, and the ability to sign legal documents is in the hands of the doctor. A person with dementia retains the right to make their own decisions as long as they have legal capacity. The power of attorney does not give the authorized representative the power to override the client`s decision-making until the person with dementia is no longer legally capable. Both documents are important for a family, especially for families whose loved ones suffer from Alzheimer`s disease or related dementia.
These families often face ethical issues if documents are not prepared on time. If the doctor determines that your loved one cannot issue legal documents, the family will need to contact the court system and, likely, the guardianship or custody process to take control of the senior`s affairs in the absence of a trust, power of attorney or up-to-date health policy. Some ability is required to sign legal documents. It is unlikely that a person who is in the later stages of Alzheimer`s disease will have the required ability to sign legal documents. However, a person with a diagnosis of dementia may very well be able to sign legal documents. In another case in Arizona, the will of a man with an intellectual disability was maintained, even though it would have worked mentally as a 10- or 12-year-old. Gut Teel, 14 Ariz.App 371 (1971). In the present case, the Court cited a standard legal text of the time for the statement that “testamentary capacity is not the same as capacity to conduct ordinary business”.
This principle still applies today. It is important to have clearly written legal documents that describe your wishes and decisions or those of your loved one. These documents may authorize another person to make health and financial decisions, including long-term care plans. Whenever possible, the person with Alzheimer`s disease should be involved in legal planning as long as they are mentally able to sign official documents. • Understand a power of attorney that could give another person the authority to sign future documents. You can only sign legal documents if you can. Therefore, it is important to put your estate plan in order while being able to understand the documents you want to sign. Couples who are not in legally recognized relationships are particularly vulnerable to limitations in making decisions for each other and may not be able to obtain information about a partner`s health status if legal documents are not completed. Make sure you understand the laws of your state.
In practice, however, at a time when most people fear that a person may have dementia, their ability to sign legal documents is likely to be impaired. To sign any of the above documents, the person must be competent. If it is determined that they are incompetent, any document they sign will have no legal effect. But just because you have early stages of dementia doesn`t mean they`re still incompetent. For example, a person may forget the date and have trouble remembering their phone number, but may remember many other important facts. But obviously, someone who has dementia characteristics is a warning to be very careful. Power of attorney documents must be drafted in such a way as to be “permanent”, i.e. they are valid even if the principal is unable to work and can no longer make his or her own decisions. As long as the person with dementia has legal capacity (the ability to understand and appreciate the consequences of their actions), they should be involved in legal planning. Whether your loved one can sign legal documents after a dementia diagnosis really depends on their individual struggle with the disease. Talk to a probate lawyer and senior counsel, as well as your loved one`s doctor, to get an idea of the options you might have.
Make sure you go through all the right channels, as your loved one`s legal documents could be challenged later if you get them signed quickly, while there is always a mental capacity issue. Did he have the ability to sign the new estate planning documents? To the facts as we have given them here, probably yes. Was he over-influenced? Most likely. Was this influence facilitated (and the evidence facilitated) because of his dementia? Absolute. What people don`t know, however, is that under the law, it might be “too late” to make a plan after dementia. This is usually the case when dementia is in an advanced state. For certain legal documents to be valid in Pennsylvania, the person signing them must have “testamentary capacity.” This means that he must understand the implications of what is signed. Each of these situations and the dozens of others that could occur will be judged differently because the nature and effect of the action will be different. But we can generalize some of the important rules that cover different types of documents: Does this mean that your loved one will no longer be able to sign legal documents after a diagnosis of dementia? Not necessarily. Dementia is a progressive disease and mental performance can be fluid at an early stage.