Dementia touches the lives of millions around the world, bringing challenges that can deeply impact daily life. As a progressive condition that primarily affects older adults, it can make decision-making harder over time, and may necessitate that a loved one considers transitioning to memory care.
Increasing cognitive decline can also complicate the signing of legal documents.
Legal matters require clarity and sound judgment, which can be difficult for those experiencing cognitive decline. Yes, it’s possible for someone with dementia to sign legal documents—but only if they have the legal capacity to do so at the time of signing. You may need to consult their healthcare professional for an assessment before making any important decisions.
Understanding Legal Capacity
Legal capacity is at the heart of whether someone can sign legal documents, but it isn’t always straightforward. This term refers to a person’s ability to understand the meaning, implications, and consequences of their decisions. While the clinical definitions of cognitive function and mental impairment differ, legal capacity is specifically tied to decision-making under the law.
To sign a legal document, a person must:
- Understand the nature of the document: They need to comprehend what the document is for, such as understanding that a will determines the distribution of assets.
- Recognize the consequences: They must appreciate how signing (or not signing) the document affects themselves and others.
When memory or cognitive impairments interfere with these abilities, legal capacity may come into question.
How is Legal Capacity Determined?
Legal capacity is determined by evaluating whether the person can demonstrate understanding and appreciation in relation to the document. This can be more complicated than it sounds. Dementia symptoms can change—sometimes even from 1 day to the next—and some legal documents are more or less complex and require a different level of legal capacity. You can’t usually say someone has no legal capacity without assessing them individually.
For instance, someone might struggle with complex medical decisions but still be perfectly capable of appointing a trusted person as their healthcare proxy.
Professionals may evaluate a number of factors, including:
- Understanding the content: Does your loved one understand the specific terms or clauses in the document?
- Appreciation of consequences: Are they aware of the effects their actions have on their legal or personal circumstances?
- Clear communication: Can they articulate their thoughts and decisions clearly?
It’s important to note that these assessments are to see if your loved one lacks legal capacity, they’re not about trying to prove legal capacity. Legally speaking, we always start by assuming adults have the capacity to understand their actions.
We’re trying to protect our loved ones, not take away their rights.
How Dementia Affects Decision-Making
Dementia affects every person differently, but symptoms tend to progress in stages. Early stages of dementia may involve mild memory challenges, while later stages cause significant cognitive decline. At every stage, your loved one’s ability to make decisions varies—and this directly impacts their legal capacity.
Someone with early-stage dementia may still retain the capacity to sign certain legal documents, provided they understand the consequences of signing them. However, as dementia progresses, challenges with communication, memory, and comprehension make decision-making more difficult.
Always involve healthcare and legal professionals when preparing legal documents for a loved one with dementia. This way you can protect both your loved one’s wishes and their rights.
Who Can Sign Documents for Someone With Dementia?
If your loved one can no longer sign legal documents due to dementia-related decline, you’ll need to find another way to look out for their legal concerns and honor their wishes.
Fortunately, there are tools that allow a trusted friend, family member, or another entity to manage your loved one’s affairs if they can’t do so themselves.
Depending on the situation, here are some of the legal options for your loved one:
- Power of attorney: Power of attorney allows a trusted person to make financial or healthcare-related decisions on behalf of your loved one. This arrangement must be made while your loved one still has the capacity to authorize it.
- Advance directives: Advance directives, such as living wills, specify your loved one’s preferences for medical care. These documents ensure their voice is heard in future healthcare decisions, even if they’re no longer able to communicate.
- Guardianship: If someone has already lost their legal capacity without setting up a POA or advance directive, they may require a guardianship. This involves a legal process where the court appoints a guardian—a family member or professional—to make decisions in the best interest of your loved one. Unfortunately, this can be a long process.
Each of these options comes with specific legal requirements, and consulting with an attorney specializing in Elder Law can help you determine the best course of action.
Helping Your Loved One Sign Legal Documents
Supporting a loved one through the process of signing legal documents while ensuring they maintain dignity can be a delicate task.
Here are some things to keep in mind when navigating this stage:
- Prepare early: Don’t wait until your loved one’s legal capacity is diminished. Begin discussions early to incorporate your loved one’s wishes better.
- Simplify explanations: Use straightforward language and break down complex concepts for easier understanding. You may need your lawyer to do this if the document is particularly complex.
- Ensure consent: Never pressure your loved one; their voluntary participation is paramount.
Empowering Your Next Steps
All of us want to protect our loved ones’ legacies. We also want to ensure their concerns are handled with care. At Peregrine Senior Living at Colonie, we’re ready to help guide you and your loved one through these challenging decisions with compassion, clarity, and respect.
If you’re looking for support or have questions about lifestyle options in our community, we’re here for you. Come join us in a place that values dignity and personal connection.Reach out today, and take the first step toward protecting their future together.
