Posted by NVLSlady/VA on 6/5/13 1:00pm
Msg #472340
Handbook: Diminished Capacity (Nice reference)
http://www.apa.org/pi/aging/resources/guides/diminished-capacity.pdf
Other State Guides:
Virginia http://www.vsb.org/site/publications/senior-citizens-handbook
W. Virginia http://seniorlegalaid.net/index.php?option=com_docman&Itemid=45
Maryland http://www.oag.state.md.us/Healthpol/proxyGuide.htm
From what I recall from a legal course I took, there are fine line differences between Voidable and Unenforceable contracts (now I have to go search my notes)
Finally, I found this web article excerpt:
"In the past, the term "incompetent" was used to describe persons with diminished mental abilities. The term is rarely used by professionals any more because it is stigmatizing and implies a global deficit that has little practical meaning or application. As more is learned about mental function and greater attention is paid to preserving individuals' rights, greater emphasis is placed on identifying, in functional terms, specific mental tasks and skills people retain and lose. Describing a person's ability or "capacity" to perform particular tasks, such as remembering to pay one's bills or calculating how much change one is owed, is a more useful and meaningful way of looking at mental disability. It enables professionals to assess vulnerability more effectively and develop effective service plans. Understanding a client's mental capacity can help workers meet the vulnerable person's needs while avoiding unnecessary, restrictive, or intrusive interventions."
[http://www.preventelderabuse.org/issues/capacity.html]
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Reply by MW/VA on 6/5/13 2:56pm
Msg #472357
Thanks for post this. It's really valuable & useful info.
Like my experience last week with the person with ALS, title said that we are usually the only person in a position to make a judgment call, and it's not UPL. In this case there was a POA in place, and I think the family just forgot to tell the lender.
I do run into situations where I know it's too late to do a POA, because IMO and from my observations the person wouldn't be capable to knowing what they're signing. I agree that the key word is "capable".
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