Whether a person knows and can understand the basic things that relate to legal documents is what determines their ability to execute them. The interesting thing is that competency is measured at the time that somebody signs.
Why is this so important?
People diagnosed with Alzheimer’s typically have good days and bad days, or even good times of day and bad times of day. As long as you have the discussion about a legal document and it’s signed while they are having a good day, or good time of day, and they understand the basic things that relate to that document, then they meet the test of competency to sign that document.
In this Elder Law Minute, Wes Coulson, Southern Illinois Elder Law attorney, discusses an important topic covered in The Alzheimer’s Guide: Practical Advice for Families, Caregivers and Professionals and how a person’s competency level is determined relative to their ability to execute legal documents when diagnosed with Alzheimer’s.
Can Someone Diagnosed With Alzheimer’s Still Execute Legal Documents?
Transcript:
Hi, I’m Wes Coulson and this is your Elder Law Minute. Today’s video is going to be one in our series of videos on topics that either come from or relate to things that we cover in our Alzheimer’s Guide. What I’m going to talk about today is whether someone who has been diagnosed with Alzheimer’s can still execute legal documents.
The truth of the matter is that it depends. The earlier someone is in the diagnosis, the more likely it is that they’re going to meet the test of having sufficient competency. Now, competency depends on the legal document. Basically, it’s a question of whether you know and can understand the basic things that relate to that document, the things you would need to know for that document. The interesting thing is that competency is measured at the time that somebody signs.
Why is that so important? Well, because people with Alzheimer’s typically have good days and bad, better in the morning, sundowning in the afternoon, and as long as you have the discussion about a document and it’s signed while somebody is having a good time on a good day, they meet the test of competency to sign that document. Thanks.
For more related information on Alzheimer’s, visit these articles:
- Alzheimer’s and Unpaid Family Caregivers
- Alzheimer’s and Driving
- Alzheimer’s Disease and the Validity of Wills and Trusts
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