Ask the Alzheimer’s Expert – How Do I Know if My Wife Can Sign Papers?
Question: My wife has memory loss and seems to be getting more and more confused. We need to sign a contract that I’m not sure she can understand. How do I know if she should sign the papers?
Answer: Thank you for submitting your question. If your wife has the ability to understand the actually meaning of the contract as well as its importance, then it could be said that she has the “legal capacity” to sign or execute the contract.
The requirements for determining legal capacity can vary from one document to another and a good elder law attorney can help you determine what level of legal capacity might be required for her to legally execute the agreement.
The best person to help you understand and who can better explain all of the ramifications would be a good elder law attorney. I recommend that you contact our office for a referral should you not have another attorney that you can call.
In addition, your wife’s doctor may be able to assist you in determining her current level of mental ability as well as provide you with his or her recommendation.