Navigating any legal decisions can be a challenge—especially when dementia is involved. Dementia is extremely complicated, and it causes significant cognitive impairment over time. So can a person with dementia sign legal documents?
It greatly depends on your loved one’s specific cognitive abilities. If they’re only experiencing mild decline, they may still be able to make legal decisions. However, severe decline does affect legal capacity. It’s important to note that laws can vary depending on your specific location.
What Is Dementia?
Dementia is a group of symptoms affecting memory, thinking, and social abilities. It isn’t a normal part of aging. Instead, dementia develops due to damaged brain cells caused by other conditions. Eventually, this causes cognitive decline.
Different types of dementia exist, with Alzheimer’s being the most common. Each type has its own set of symptoms. Some forms might affect speech, while others impact memory more severely. It’s not entirely understood why dementia develops, but genetics and lifestyle habits play a significant role.
However, they do share one problematic trait—dementia is a progressive condition. As the condition worsens, more brain cells get damaged. This causes symptoms to become more prominent, and eventually, they affect almost every part of a person’s everyday life.
How Dementia Affects the Brain
Dementia progressively damages more and more cells. This disrupts their normal functions and causes a range of varying symptoms. Soon, dementia leads to:
- Memory loss and forgetfulness
- Communication challenges
- Behavioral disorders
- Personality changes
- Frequent wandering
- Poor decision-making
- Hallucinations
These symptoms can severely impact your loved one. As dementia progresses, these changes make it harder for someone to maintain independence. It can have a prominent effect on complex situations like legal matters.
Dementia & Legal Matters
Dementia makes things extremely complicated when it comes to legal affairs. Because it affects decisions and judgment, it can cause a person to make decisions that aren’t in their best interests. This is problematic for legal decisions.
In the earliest stages of dementia, a person can often still sign legal documents. However, their ability to do so depends heavily on cognitive abilities. If they can understand the nature—and consequences—of their actions, they’re often considered legally capable.
However, as dementia progresses, cognitive abilities decline. If a loved one is diagnosed with dementia, you should regularly be working with a team of professionals to monitor their abilities.
How Dementia Affects Legal Capacity
There’s a term often used when cognitive changes are at play: “legal capacity.” This is the ability to understand and make decisions on one’s own behalf. It’s an important concept when considering whether someone with dementia can sign legal documents.
While there are varying degrees of cognitive impairment, severe decline can greatly impact a person’s legal capacity. For example, your loved one might not fully understand a document they’re signing, or they may struggle to act in their own self-interests.
This makes it essential to determine how much your loved one’s cognitive health has declined. If their legal capacity is impaired, it can be a significant challenge to navigate complex matters. So if your loved one has dementia but hasn’t started showing symptoms, what can you do?
When to Consider Power of Attorney
After a dementia diagnosis, it helps to consider something called “Power of Attorney,” or PoA. This is a legal tool that allows a person to act on somebody else’s behalf.
With dementia, PoA can be a valuable tool. It gives you the ability to:
- Make financial decisions
- Handle legal matters
- Manage healthcare choices
- Pay bills and expenses
- Oversee property and assets
Early planning makes a significant difference—and so does choosing the right person for this role. Ideally, PoA should be granted to a person your loved one trusts completely. This way, you can rest easy knowing that your loved one’s best interests are being protected.
PoA is an extremely helpful option when it comes to dementia. To acquire this, you’ll need to work with an experienced lawyer. They can help you navigate the legal system and properly get PoA assigned to an appropriate person.
Dementia is a complex condition. But with a proactive approach and a proper plan, you can effectively manage how it impacts your loved one’s legal abilities. By thinking ahead, you’re making sure your loved one is well taken care of.
Let Our Community Help
The impact of dementia on legal matters is often complicated. However, you don’t have to go through it alone—our team at The Grande at Laumeier Park is here to help.
We’re happy to support residents and their families however we can. We understand how complex dementia can be. No matter where your loved one is on their journey, we’re here to help. Contact us today to learn more, or schedule a visit with our community. We’re here for you.
