Power Attorney Powers With Dementia
Description
How to fill out South Carolina Limited Power Of Attorney For Stock Transactions And Corporate Powers?
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FAQ
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.
Most of the care for people with dementia takes place at home, and the unpaid, informal caregivers are often spouses or other relatives. Providing long-term informal care at home for someone with dementia is psychologically, physically, and financially draining.
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).
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.
One way to protect your marital assets is to have your spouse create a durable power of attorney for finance. A power of attorney allows the individual to designate someone to make financial decisions for them should he or she become incapacitated. In the case of a married couple, this is usually the person's spouse.