Diagnosis: Dementia, Mild Cognitive Impairment, Alzheimer’s, Lewy Body Dementia etc., and people ASSUME that anything the person signs is invalid, but that is not true. A person with dementia can be mentally sound to sign a contract, to buy a house, to sell a house, sign for a mortgage, to give away their belongings, etc.
Dementia is progressive, so in the early stages people still can easily make decisions. However, the concept of “mental soundness” can be complex, and the law presumes that a person is mentally sound. Only a COURT can determine that a person lacks capacity; the opinion of a physician that they lack capacity is VERY STRONG EVIDENCE, but is not legally conclusive.
In the legal realm, mental capacity or competency assessment focuses on a person’s ability to understand the nature and consequences of their actions, appreciate the relevant information, and make rational choices. In the case of dementia, the ability to make decisions can change from minute to minute, which is why it is really hard to undo an action like signing a contract, selling a house, signing a mortgage, or giving away belongings.
If you want to put together a plan to protect your loved one, give me a call.
