When a loved one begins to show signs of dementia, one of the first questions many families ask is: “Can they still sign legal documents?” The answer depends on the person’s mental capacity at the time the document is signed. In Massachusetts, mental capacity isn’t judged by diagnosis alone—it’s about whether your parent understands what they’re doing when they sign. That can change over time, and even from one hour to the next.
We work with families across Southeastern Massachusetts who are trying to make the right decisions in these moments. The earlier you plan, the more choices you’ll have. That’s why we encourage families to reach out as soon as there’s a diagnosis or even the suspicion of cognitive decline.
What Early Planning Makes Possible
If your parent is still in the early stages of dementia, there may still be time to get key documents in place. These may include:
- A durable power of attorney
- A health care proxy
- An advance directive
- A will or trust
- A HIPAA authorization
These documents allow your parent to decide who will handle medical and financial decisions later on. Once capacity is lost, those decisions often fall to the court.
We can work with your family to assess whether your parent still has the legal capacity to sign. In many cases, a physician’s letter or cognitive evaluation may help document that they understood what they were doing at the time. This step can help protect the integrity of the documents in the future.
What Counts as Legal Capacity in Massachusetts
Massachusetts law uses different standards for different legal documents. For example, to sign a will, your parent must:
- Understand the nature and extent of their property
- Know who their family members or heirs are
- Understand that they are creating a will and what that means
This is known as “testamentary capacity.” It doesn’t require perfect memory or reasoning—it simply means that your parent can understand the basics of what they are signing and why.
Capacity can fluctuate, especially in people with dementia. It’s possible for someone to be clear-minded enough to sign in the morning and confused by evening. If your parent has a “lucid interval,” and we can confirm that capacity during that window, a signed document can still be legally valid.
Different documents, such as health care proxies or powers of attorney, may require a lower threshold of understanding.
What If It’s Too Late? Legal Options When Capacity Is Lost
If your parent can no longer understand what they are signing, legal planning becomes more limited. You may need to petition the court for guardianship or conservatorship. These court proceedings allow a judge to appoint someone to make decisions on your parent’s behalf.
While this process exists to protect vulnerable adults, it can be time-consuming, stressful, and expensive. It also removes your parent’s ability to choose who will act for them.
That’s why we recommend having these conversations early. If your parent is still able to express preferences, we can guide them through a plan that reflects their values. If capacity is already lost, we can help you through the guardianship process with clarity and care.
How We Can Help Your Family Plan With Confidence
Our team understands how difficult it can be to watch a parent decline and wonder what steps to take. We’ve helped many families through similar challenges, and we know that no two situations are the same.
We’ll talk with you about your parent’s current condition, review their legal capacity, and explain your options. If documents can still be signed, we’ll make sure the process is clear and well-documented. If legal capacity is already gone, we’ll help you determine the next best course of action.
We believe that thoughtful planning can ease stress and provide stability, even in the face of cognitive decline.
Take the First Step Toward Peace of Mind
If you’re worried about your parent’s memory or decision-making, don’t wait. At Surprenant, Beneski & Nunes, we’ll help you understand what your parent can still legally do and what comes next. Whether it’s time to create a care plan or pursue guardianship, we’re here to guide you. Contact us today to schedule a consultation and protect your parent’s future with confidence.