Agent Power Attorney With Dementia

State:
Maine
Control #:
ME-P003D
Format:
Word; 
Rich Text
Instant download

Description

This is a statutory form that is used to prove the validity of an agent's power to act under a power of attorney.
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  • Preview Agent's Certification as to Validity of Power of Attorney and Agent's Authority
  • Preview Agent's Certification as to Validity of Power of Attorney and Agent's Authority

How to fill out Maine Agent's Certification As To Validity Of Power Of Attorney And Agent's Authority?

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FAQ

A person is without capacity if, at the time that a decision needs to be taken, he or she is unable by reason of mental disability to make a decision on the matter in question, or unable to communicate a decision on that matter because he or she is unconscious or for any other reason.

In general, a person with dementia can sign a power of attorney designation if they have the capacity to understand what the document is, what it does, and what they are approving. Most seniors living with early stage dementia are able to make this designation.

In most cases, if a person living with dementia is able to understand the meaning and importance of a given legal document, he or she likely has the legal capacity (the ability to understand the consequences of his or her actions) to execute (to carry out by signing it).

Capacity and Dementia A person is without capacity if, at the time that a decision needs to be taken, he or she is unable by reason of mental disability to make a decision on the matter in question, or unable to communicate a decision on that matter because he or she is unconscious or for any other reason.

Typically, as long as dementia is minor or nonexistent, a person in the beginning stages of a dementia-causing disorder will be deemed mentally competent in the eyes of the law.

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Agent Power Attorney With Dementia