Can a Person With Dementia Sign a Legal Document?

Hi Kripa,

Dementia affects millions of people at some point in their lives. My grandfather was one among those. Unfortunately, my family only considered estate planning after a medical crisis such as dementia had struck. However, many of us are unaware that it may be "too late" under the law to form a plan once dementia has struck. This is frequently the situation when dementia has progressed. It is then that we start asking the question “can a person with dementia sign a legal document”. The individual signing certain legal documents must have "testamentary capacity" in order for them to be valid. This implies that he or she must fully comprehend the implications of the agreement.

Can a person with Alzheimer's sign legal documents?

Is this to say that after a dementia diagnosis, your loved one will be unable to sign legal documents? Certainly not. Dementia is a degenerative disease, and mental function can fluctuate at any time. Even if your loved one has dementia, he or she may still be considered mentally competent to sign legal documents if he or she:

• Can comprehend the nature and scope of their possessions

• Can recall their ancestors and descendants

• Is able to express who should inherit their property.

• Can they comprehend what they're signing?

• Can explain how all of these elements fit together to develop a plan

In some cases, a physician's confirmation of the individual's competence may be required, and the doctor's decision on whether or not a person with dementia can sign legal documents will be final. If your loved one's physician determines that he or she is unable to sign legal documents, the family must turn to the courts, and most likely the Guardianship/Conservatorship process, to take control of the senior's affairs in the absence of a current Trust, Power of Attorney, or Health Care Directive.

If your loved one can sign legal documents after being diagnosed with dementia, it all depends on how far along he or she is in their struggle with the disease. I recommend speaking with an estate and elder lawyer, as well as your loved one's doctor, to determine can a person with dementia sign a legal document or not.