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In reality, when someone is diagnosed with Alzheimer's disease or dementia, they are not immediately considered incapacitated or of unsound mind. A legal determination of whether someone is incapacitated needs to be made by a court. There is no presumption or immediate trigger based solely on a medical diagnosis.
Dementia is a progressive condition, and mental capacity can be fluid in earlier stages. Your loved one may still be considered mentally competent to sign legal documents, even with a diagnosis of dementia if he or she: Can understand the nature and extent of their property. Can remember their relatives and descendants.
To create and sign a Durable Power of Attorney (DPOA), you must be ?competent,? also referred to as ?of sound mind.? That means you must have the mental capacity to understand the benefits, risks and effect of signing the document.
Getting informed consent from people with dementia depends on their mental capacity. Dementia symptoms like difficulties with concentration and understanding, problems in short term memory, makes their ability to give informed consent questionable. These symptoms become more of a problem as the disease progresses.
The Documentation Diary is a format for you to use, you may need to continue on additional paper. Name. Diagnosis date. Personal Profile date (prior to tirst symptoms) Family. Written by. Date. Excess disabilities (other physicai and sensory impairments -