Courts decide capacity in dementia cases by carefully evaluating whether the individual has the mental ability to understand, make, and communicate decisions relevant to the matter at hand. This process is complex because dementia affects cognitive functions gradually and variably,…
The legal responsibilities of dementia caregivers are multifaceted and involve a combination of formal legal duties, ethical considerations, and practical obligations to protect the well-being and rights of the person with dementia. These responsibilities arise because dementia progressively impairs an…
Dementia patients’ ability to refuse medical treatment is a complex issue that hinges on their cognitive capacity, legal status, and the presence of advance directives or designated decision-makers. Dementia, by its nature, progressively impairs memory, judgment, and decision-making abilities, which…
Guardianship for dementia patients is a legal arrangement where a court appoints a responsible person, called a guardian, to make important decisions on behalf of someone with dementia who can no longer manage their own affairs. This happens because dementia…
Dementia does not automatically make someone incompetent. Competence, especially legal competence, is a specific determination about a person’s ability to understand and make decisions, and it varies depending on the task and the individual’s current mental state. While dementia is…
After a dementia diagnosis, there are several important legal steps that should be taken promptly to protect the individual’s rights, wishes, and assets while they still have the capacity to make decisions. Early legal planning is crucial because dementia is…
A person with dementia can grant power of attorney (POA) only if they still have the mental capacity to understand what they are doing at the time of signing. Mental capacity means the individual must comprehend the nature and consequences…
Proving legal capacity in dementia cases involves demonstrating that the individual has the mental ability to understand and make informed decisions at the time those decisions are made. Legal capacity is a specific legal determination about whether a person can…
A will can still be valid even if the person who made it has dementia, but the key factor is whether they had *testamentary capacity* at the exact time they signed it. Dementia itself does not automatically invalidate a will.…
Whether someone with dementia can sign legal documents depends largely on their **mental capacity at the time of signing** and the type of document involved. Dementia affects cognitive functions such as memory, understanding, judgment, and communication, which are critical for…