I'm not sure what you mean by "being elder abuse." A person with advanced dementia likely does not have the capacity to make binding legal contracts, or to create a power of attorney or have an accepted application for a voluntary conservatorship. Such agreements are called "voidable" because no court has established the extent of the incapacity. That said, people with lesser degrees of dementia can enter perfectly lawful arrangements, as can individuals who are more lucid some times than others. The only way to completely bar these arrangements is to apply for an involuntary conservatorship, in which case the probate court makes a finding of incapacity that then renders them legally unable to make contracts and sign legal papers.
As for elder abuse, this is a complex area of law. Normally, it's a neighbor, friend, or other family member that contacts elder protective services about potential abuse and neglect situations, but no matter who calls, including a dementia patient herself, they will investigate, offer some stop-gap services if necessary, and involve the police or attorney general's office if they believe there is criminal conduct in play. If the subject of an investigation is clearly incapacitated, but not conserved, EPS would ask that person to sign papers to go forward with any offer of assistance or referral for services, as they don't have a legal representative to sign for them. Perhaps this is the situation you are describing?
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Legal documents have consequences in the real world. Dementia patients often don't have sufficient legal 'capacity' to really know & understand the consequences of documents they may be asked to sign. That is why a Conservatorship might be necessary. I'd recommend you sit down with an Estate Planning attorney. See 'Find-A-Lawyer' at the top of this Page.
My answer is based on the limited facts presented. It doesn’t create an attorney-client relationship. Use the ‘Find-A-Lawyer’ search engine at the top of this page and follow proper legal advice.
Not necessarily. Elder abuse involves physical, emotional, or financial abuse of a vulnerable adult or vulnerable disabled person. A person with dementia can be competent to sign legal papers such as leasing a car or making a will or POA or not competent to do those things depending on the extent of dementia.
Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.