Legal matters are often serious and complex, requiring good decision-making skills and mental capacity. As their cognitive abilities and memory decline over time, people with dementia may have trouble making justifiable decisions.
If your loved one has dementia, they can still sign legal documents as long as they have the legal capacity to execute the particular document.
“Legal capacity” can be a complex concept, but it’s essential to protect the integrity, dignity, and well-being of individuals, especially when dealing with conditions like dementia.
What Is Legal Capacity?
Legal capacity refers to a person’s ability to understand the legal implications of their actions and decisions.
In Florida, the legal standards require individuals to comprehend the documents they sign, including the terms, agreements, and potential consequences.
Because dementia affects mental capacity, it may also affect someone’s legal capacity.
Dementia & Legal Capacity
Alzheimer’s disease and other dementia affect memory, language, problem-solving, and other thinking abilities. Dementia is a progressive disease, meaning symptoms worsen over time. As dementia progresses, it can impact a person’s legal capacity.
A dementia diagnosis doesn’t automatically mean someone lacks the legal capacity to sign a document, and it can’t be assumed that all individuals with dementia have impaired capacity. Each case should be evaluated individually, considering the severity of the condition and the person’s ability to understand the transaction at the time of signing.
How Is Capacity Assessed?
Assessing legal capacity typically involves evaluating a person’s ability to understand, reason, and communicate. Cognitive tests and executive function assessments are generally used to gauge the mental capacity of someone with dementia.
Evaluations differ depending on the situation and the document that needs to be signed. Generally, Florida courts will consider several factors when determining capacity, including a thorough review of medical records and meeting the person with dementia.
The evaluation may also involve assessments by medical professionals, and the court will consider these reports when determining whether the individual can legally sign a particular document.
A judge is the final person to determine legal capacity.
Types of Legal Documents
The type of legal document will play a role in evaluating a person’s capacity to sign the document.
Standard Wills
In Florida, the law requires the person signing a will to recognize the nature and extent of their property, know their relationship with the beneficiaries, and understand the document’s effects.
This includes understanding the role of the executor and the beneficiaries involved in the will.
Power of Attorney
A Power of Attorney (POA) allows a person with dementia to designate someone to make health care decisions when they become mentally incapacitated. In Florida, a POA must be signed by the principal, 2 witnesses, and a notary.
Guardianship
Guardianship is considered when a person with dementia can no longer care for themselves, and other options, like a durable power of attorney (POA), are not available or insufficient. Before acquiring guardianship, the court must determine that the person with dementia is legally incapacitated.
It’s sometimes simple to prove legal capacity, but determining legal incapacity usually takes time.
Courts look at several factors to determine incapacity. Generally, incapacity means the lack of ability to manage property, essential health, and safety requirements. If incapacity is determined, the court may appoint a guardian to make decisions to manage these affairs.
Guidance for Caregivers & Family Members
To protect the rights and interests of your loved one, you can take proactive steps.
Legal planning should consider long-term care, health care needs, and financial and property arrangements. If your loved one still has the mental capacity to execute a Power of Attorney, you should work with them to sign and designate a person to make decisions on their behalf in the future. Doing so can help avoid a lengthier process of obtaining guardianship.
Here are some tips to help you plan:
- Start planning early to ensure your loved one is involved and allow them to express their wishes for future care.
- Obtain a professional assessment of your loved one’s capacity from a qualified healthcare provider to help the court assess legal capacity.
- Consult legal experts specializing in elder law to help safeguard your loved one’s interest and consider their autonomy.
- Keep detailed records of assessments, consultations, and your loved one’s intentions from early on.
- Communicate clearly with all parties involved, including doctors, lawyers, friends, families, and your loved one with dementia to maintain transparency.
Plan Ahead with Support
Even with dementia, a person can sign legal documents if the court determines they have the mental and legal capacity to understand the implications. The law aims to protect individuals’ rights and autonomy, so determining legal capacity can be a lengthy process. Proper, thoughtful decisions can elevate your loved one’s quality of life. At The Carlisle Palm Beach, we’re here to help you navigate the legal landscape to protect your loved one’s autonomy and safety. Reach out to us today to learn more about how we can help.
