Can I Still Sign Legal Documents After Being Diagnosed with Alzheimer’s

From Our “Ask a Question” Mailbag: “I was recently diagnosed with early-stage Alzheimer’s. Can I Still Sign Legal Documents After Being Diagnosed with Alzheimer’s? Now that the doctor has made this diagnosis, am I still legally able to write a will and sell my house?”

Can I Still Sign Legal Documents After Being Diagnosed with Alzheimer’s?

Can I still sign legal documents after being diagnosed with dementia? The answer is maybe.

Each state has a standard of competency for signing legal documents. Though it varies, the idea is that if you still understand the legal action being taken, its financial ramifications, and the members of your family, you can sign legal documents.

Considerations to Make Once Diagnosed.

Just because you have been diagnosed with dementia or Alzheimer’s doesn’t mean you are now “incapacitated” and legally unable to sign documents. Indeed, the disease can progress to the point where you are no longer competent, but the diagnosis itself is not the same as a determination of incompetency.

People with Alzheimer’s or dementia can sign Wills, sell their houses, buy life insurance, and take all other legal steps. But, the people with whom you are dealing might be rightfully hesitant. Should you later declare you didn’t understand what you were signing, or should your family later attempt to undo what you signed, the buyer is stuck with paying legal bills. Even if unsuccessful, the claims tie up property and cost the buyer money.  So, don’t be surprised if the buyer of your house insists on you taking extra steps, such as getting a signed letter from your doctor stating that you can still make this decision.

Steps to Take: Forming a Revocable Living Trust.

We can brainstorm about options that may help you in your specific circumstances.  One option to help you manage your money and sell property is to form a Revocable Living Trust. You can then move your assets into the trust and appoint a co-trustee like a child, sibling, trusted friend, or professional. The child has the right to manage the property, including selling real estate. This way, without the cloud of the diagnosis, your child can sign the sales documents, making the sales process much more manageable.

Further, this allows you to work with your co-trustee to familiarize them with your assets and how you wish them to be managed. Then, should your disease progress, they are prepared. It is best to share this information now while you are still in control. The Revocable Trust allows you to manage the trust assets as you wish. But when you can no longer, the successor trustee steps in quickly.

My article is short and provides only a summarized straightforward explanation. For more information, please read my article “Revocable Trusts: Everything You Need to Know.”

In Conclusion, After a Diagnosis, You Can Still Sign Legal Documents as long as you are Competent.

I hope you found this short article about Dementia and Alzheimer’s Estate Planning. Contact us if you want to know more or have an estate that needs our help. Let our Probate and Estate Planning lawyers help walk you through what can be a confusing process. Feel free to contact our office for a free consultation. It’s All We Do: 

Wills, Trusts, Probate, and Estate Litigation!

It’s What We Do!

Peter Klenk, Esq. Pennsylvania Revocable Trust Lawyer, New Jersey Revocable Trust Attorney

Tags: Estate Planning