Dementia is a condition that causes progressive cognitive decline. It goes without saying that dementia poses challenges both to those who live with it as well as to their loved ones and families. One potentially tricky issue lies in the legal world—that is, when and how long can a person living with dementia sign legal documents?
An individual with dementia can sign legal documents as long as they possess legal capacity. Legal capacity refers to a person’s ability to understand they’re signing and appreciate the consequences of their actions.
The nature of dementia as a gradual and progressive condition can make determining legal capacity a bit complicated at times, but there are steps that you can take to help resolve your loved one’s legal matters as quickly and painlessly as possible.
What Is Legal Capacity?
The term legal capacity refers to whether a person understands what they’re doing and appreciates the consequences of their actions. In terms of signing documents, this means that a person with legal capacity must understand the document’s contents as well as the consequences of signing it.
Documents signed by a person who doesn’t have legal capacity aren’t valid and cannot be enforced.
Do People with Dementia Have Legal Capacity?
Broadly speaking, people with dementia do have legal capacity—provided that they understand and appreciate the consequences of their choices and their actions.
Most forms of dementia involve gradual cognitive decline, so while these conditions may impair a person’s decision-making, as long as a person living with dementia understands the meaning of a document, they likely also have the legal capacity that they need to sign it.
Determining Legal Capacity
The legal capacity of someone living with dementia depends on a number of different factors, including progression of the condition, the individual’s day-to-day abilities, and the specific decision to be made.
In particular, a person with legal capacity should be able to comprehend:
- The purpose of the document
- The content of the document
- The risks and benefits of signing the document
- The implications of the document (that is, what might happen after it’s signed)
This means it’s crucial to ensure that your loved one understands exactly what they’re doing—and why. A couple of considerations that might help establish legal capacity include:
- Discussing the contents of the document. This helps ensure that your loved one understands what they’re signing, why they’re being asked to do so, and what will happen after the document is signed.
- Consulting a lawyer. Different legal documents can be more or less complex. A loved one with dementia might retain the legal capacity needed to sign a simple document, but not a more complex one. A lawyer will be able to advise you on the level of legal capacity that’s needed for a particular document.
- Getting medical advice. Medical professionals are trained to be able to identify how far a person’s dementia has advanced. As such, a doctor can help determine your loved one’s mental and legal capacity.
Power of Attorney
Power of attorney (POA) is a means by which a person can assign a representative to make important decisions on their behalf. POAs can be limited and apply to specific areas like finances or healthcare, or they can be designed to apply more broadly.
For someone living with dementia, power of attorney allows them to appoint a loved one (for instance, a partner) to make financial and healthcare decisions once they themselves are no longer able to do so.
So long as the person with dementia has legal capacity, they retain the right to make their own decisions. They can’t be overridden by their representative. However, if a POA document is written to be “durable,” then it continues to apply even after the person with dementia can no longer make their own legal decisions.
This is a good way to ensure that your loved one’s interests continue to be represented even after they lose their legal capacity. Of course, power of attorney is a weighty responsibility, so it should only ever be assigned after an honest discussion about your loved one’s interests, wellbeing, and needs.
Understanding Legal Documents & Dementia
While the legal landscape of document signing can seem complicated at first, the underlying principle is simple. So long as a person understands the content and consequences of a document, then they have the legal capacity to sign it.
For someone with dementia, this might mean that their legal capacity can change from day to day, but as long as they understand what they’re doing and appreciate the scope of their actions, they’re able to sign a legal document.
If you’re concerned about the well-being of a loved one with dementia, you may also wish to consider moving them to a community that can better support their quality of life. At Dogwood Forest, we offer a memory care program based on the newest scientific findings in the fight against dementia, which is designed to maximize the health and well-being of your loved one. Contact us today to learn more or book a tour of our community.