Navigating the legal landscape can be extremely difficult without extensive experience or professional support. But when a cognitive impairment like dementia is involved, it suddenly becomes much more complicated. Can a person with dementia even sign legal documents, or is there another, preferred approach?
In earlier stages of dementia, a person can sign legal documents—as long as they’re deemed to be of sound mind. However, as the condition progresses, this becomes much more complicated. If you have an older loved one living with dementia, it may be ideal to seek something called “durable power of attorney” so decisions can be made on their behalf.
How Dementia Affects Judgment
Dementia isn’t a single disease. Instead, this term applies to a range of different conditions that all cause cognitive decline and memory impairment. As dementia progresses, the symptoms often worsen, eventually leading to:
- Memory loss
- Behavioral changes
- Communication difficulties
- Poor decision-making
One of the most significant ways dementia affects a person is by impairing their judgment. An older adult living with dementia may make decisions that do not seem logical, and could even make choices that act against their own self-interest. When trying to navigate legal paperwork, effects like these can be extremely detrimental.
Navigating Legal Paperwork for Someone with Dementia
Handling legal paperwork for someone with dementia requires a clear understanding of their current cognitive state and the legal implications of their condition. In the earliest stages, a person with dementia can likely still sign legal documents, but only so long as they’re deemed medically capable of doing so.
As the condition progresses, the situation becomes more nuanced. Due to dementia’s effects on the brain, the integrity and validity of any legal document signed by someone with dementia can be seriously compromised. Courts often scrutinize such documents, and they can be contested on the grounds that your loved one lacked the necessary mental capacity to make informed decisions.
It’s crucial to assess your loved one’s mental capacity before they sign any legal documents. This often involves a consultation with a medical professional—ideally one with experience in treating patients with cognitive impairments—so you can receive a clear diagnosis of your loved one’s cognitive state.
However, what if you’re noticing the signs of your loved one’s memory impairment too late in the process? Things become a little more complex, but there are still options.
When to Seek Power of Attorney
If your loved one is diagnosed with cognitive decline due to dementia, your next step is to speak with a legal professional who specializes in elder law. They can help you through the next steps—and, most likely, they’ll recommend something called “power of attorney” or “PoA.”
It’s important to note that the specifics of PoA designation can vary from state to state. In Florida, there are several types of PoA documents; though the exact details may change depending on the type, the general idea is the same.
Power of attorney exists as a legal document that grants a designated person the authority to act on behalf of another. In general, PoA covers:
- Handling personal affairs
- Financial management
- Estate assets
- Handling bills on the person’s behalf
- Signing some legal documents
However, there’s a catch; most types of power of attorney immediately become invalid if a person is incapacitated physically or mentally. This includes dementia; if your loved one’s symptoms reach a critical point, your PoA document will be nullified.
That is, unless you sign a durable power of attorney.
Durable Power of Attorney for a Senior With Dementia
A durable power of attorney document is specifically designed for situations where a person may become incapacitated. It’s the only PoA designation that stays in place during incapacitation.
This makes a durable PoA document an essential tool for managing the affairs of someone with dementia. When a durable PoA is established, the designated agent retains the authority to make decisions on behalf of the individual, regardless of their cognitive state.
What Does Durable Power of Attorney Cover?
Durable PoA typically covers:
- Managing financial transactions
- Property management
- Healthcare decisions
- Legal affairs
- Benefit management
- Long-term care and medical support
Establishing a durable power of attorney for your loved one ensures that a trusted person can manage their affairs on their behalf if they’re no longer able to do so. This document gives you and your family peace of mind knowing that your loved one’s best interests will be taken care of.
It’s essential that you work closely with an experienced elder law professional when trying to navigate PoA documents. You should always refer to the advice of your lawyer when working through this situation.
Planning Ahead for Your Loved One’s Future
When a loved one is diagnosed with dementia, things become more complicated. However, with a team of caring and experienced professionals at your side, you can get your loved one the care they need.
Here at Liana of Venice, we believe in providing quality care to older adults in need. In our memory care community, your loved one will receive care that truly makes a difference. So schedule a visit with our community today, and let our team help your family on this journey.
