Can a Person With Dementia Still Sign Legal Documents?

Watching a loved one’s mental capabilities decline due to dementia is heartbreaking. As their decision-making ability becomes impaired, many families worry – can they still legally sign important documents like wills, trusts, or healthcare directives?

The answer is yes; in many cases, a person with dementia can still sign legal documents, even with diminished capacity. The key requirements are that they can communicate their wishes, understand the general nature and consequences of the document, and are not being unduly influenced.

At Safe Harbor Estate Law, we know it can be an emotional and stressful time filled with difficult questions. We understand these concerns because we help families navigate them every day.

While dementia makes decision-making more complex, you likely have more options available than you realize for protecting your loved one’s wishes and getting documents legally signed. Our attorneys will guide you through every step, putting your mind at ease.

What is Mental Capacity, and Why Does it Matter?

Mental capacity is a person’s ability to make or communicate informed decisions about their self-interests. For legal documents to be valid, the signer needs adequate mental capacity when signing.

This becomes especially important with dementia, as the disease gradually diminishes cognitive abilities over time. Early on, a person with dementia may still have sufficient mental capacity to sign wills, trusts, powers of attorney, and other legal documents knowingly and willingly.

However, as dementia progresses, they could lose the mental capacity to do so. That’s why it’s critical for families to understand the capacity required and make arrangements while their loved ones are still able to express their true wishes.

Mental capacity is determined by whether the individual can:

• Understand the consequences of their decisions
• Make informed choices
• Communicate those choices
• Appreciate their personal situation and options

If there are doubts about capacity, the signer’s mind should be evaluated when signing. With proper legal guidance, documents can often be executed even with diminished capacity in the earlier dementia stages.

Standard Estate Planning Documents That Require Capacity

Several essential estate planning documents authorize others to make medical or financial decisions when the planner becomes incapacitated.

• Power of attorney – Names someone to handle financial and legal matters when you cannot. There are separate documents for financial versus health decisions.
• Advance health directives – Provides health care instructions if you cannot speak for yourself. This approach includes living wills dictating end-of-life treatment preferences.
• Wills and trusts – Outline distribution of assets and name guardians for minor children after you pass. A living trust also appoints someone to manage assets if you become incapacitated.

As dementia progresses, the capacity required to understand these documents diminishes. Let’s explore factors impacting whether someone with early-stage dementia may participate in the legal planning process.

Evaluating the Ability to Sign Documents

Attorneys specialize in elder incapacity assessments to determine whether clients understand the legal documents they draft and execute.

Testing measure considerations include:

• Stage of dementia – The early stage sometimes allows more participation in legal planning.
• Fluctuating capacity – Changes hour-to-hour impact the ability to sign documents. Complete cognitive testing when a person is most lucid and holds competence.
• Adapting – Enhanced understanding may enable someone to sign documents. Examples include allowing more review time, minimizing distractions, or simply explaining concepts.

In early dementia, evaluating these factors helps estate planning attorneys determine which in-house or outsourced cognitive tests to administer to determine whether an elder can sign documents outright or needs alternative planning options.

Working with an Estate Planning Law Firm For Guidance

Dealing with a loved one’s dementia is an incredibly difficult journey. Our attorneys at Safe Harbor Estate Law provide the legal guidance and emotional support to help you through it.

Our dementia incapacity planning can offer assistance to protect vulnerable adults with early-stage dementia.

• Capacity evaluations – Assess understanding of legal concepts and documents. It provides a basis for an attorney’s opinion on whether a person’s comprehension is adequate for signing.
• Tailored guidance – Recommends optimal solutions based on a person’s legal needs and dementia symptoms.
• Supported signings – Minnesota Ethics Rule 1.2(c) allows attorneys to limit their representation to assisting people with limited capacity to understand documents when signing.
• Ensuring validity – Legally executes documents following protocols to withstand scrutiny and provide testimony if later challenged.

Our team then crafts a customized plan tailored to your loved one’s needs and wishes.

But we don’t stop there. As your loved one’s situation evolves, we continue reviewing and updating your plan to ensure it protects their interests.

If guardianship becomes necessary, we guide you through every step of that process as well.

Most importantly, you’ll have a legal partner to lean on. We understand the emotional challenges of watching a loved one suffer from dementia. Our attorneys provide steadfast support, wisdom, and assurance during this time.

What If Signing Is Not Possible?

When early dementia prevents participating in new estate planning, attorneys can instead recommend:

• Relying on existing documents – Depending on the circumstances, previously signed wills, trusts, power of attorney, and health directives may remain usable.
• Seeking guardianship – Courts can appoint guardians when a diagnosis of dementia renders someone unable to make financial or medical decisions. Consider this option carefully because the court removes rights from individuals with diminished capacity.
• Updating documents sooner – Plan ahead before dementia advances further by working with Minnesota estate planning experts to set up documents.

Attorneys also stay on top of evolving state laws impacting those with cognitive impairment to protect clients best when dementia strikes.

Planning for the Future with Dementia

A diagnosis of early dementia generates distress and uncertainty just as critical legal planning needs arise. Fortunately, specialty estate planning attorneys offer step-by-step guidance so families can honor their loved one’s wishes.

To learn more about dementia legal planning specific for Minnesota residents, contact the experienced attorneys at Safe Harbor Estate Law for a 90-minute Life and Legacy Session.

Our attorneys walk alongside families to lighten the load for loved ones with dementia.