Many people have questions around important legal planning issues after someone’s been diagnosed with dementia. Working with someone who has familiarity with dementia estate planning and other elder law concerns may help you and your family members navigate this new terrain.
In Massachusetts, as in many other states, a person’s ability to sign legal documents is important because otherwise the validity of the document is called into question. This concept exists to protect people who may not understand the scope and nature of what they’re signing from falling victim to scams or elder fraud. But these issues also present unique considerations for family members legitimately trying to help a loved one organize their affairs.
Functioning varies substantially based on a person’s stage of dementia, and more advanced dementia may mean that the person no longer has mental capacity to legally sign documents. Being aware of the early signs of dementia can allow you to get important legal documents in place while your loved one is experiencing a decline but is still able to speak for themselves and understand the impact of their decisions.
Massachusetts determines whether or not someone is eligible to sign legal documents based on a term known as testamentary capacity. This means that an individual has the mental capacity to make rational decisions on their own and to act legally regarding medical treatment and financial matters. Massachusetts law requires that a person is clear on the meaning and the act of executing a will, understands which individuals have legal claim to the property they’re distributing, and understands the extent of their property.
It’s important to take action as soon as possible and if you have questions about whether or not it is right to proceed with the estate planning process after a loved one has been diagnosed with dementia, now is an appropriate time to meet with a lawyer to ensure you get these documents created as soon as possible. Talk to our MA estate planning lawyer now for more help.
