![]() Less than 2 years later (and apparently without the involvement of the appointed attorney-in-fact), Mrs. Rick, following her husband's death because her deteriorating mental condition was well known. Rick he was to be paid for his services.Īn attorney-in-fact had also been appointed for Mrs. Sailer eventually claimed the maximum commission from the estate, although he never explicitly told Mrs. Rick began after the death of her husband when Sailer, who managed a small investment account for the Ricks, offered to be the administrator of the estate. Rick's brother-in-law and sister-in-law were trying to have Sailer appointed guardian. Rick's niece was trying to have guardians appointed for her aunt's person (a public guardian) and property (a bank) Mrs. Today, the category has been expanded to include those suffering from degenerative diseases, like Alzheimer's, that may affect their cognitive abilities. Historically, this exception intended to protect individuals who were developmentally disabled or insane. The second exception to legal capacity is mental illness or mental defect. There are two major exceptions to the presumption of an adult's legal capacity, one of which is being intoxicated when the agreement was made because intoxication can affect judgment. Adults are generally presumed to have capacity to enter into a contract, but this rule is not absolute. If one of the parties is a minor, the contract may not be enforceable because minors are legally presumed to lack capacity for contracts, even if the particular minor has understood the terms. Several conditions circumscribe the capacity to enter into a legal agreement. If a person who does not have this capacity signs the agreement, it may be voided. There must be at least two parties to the contract, both of which must have the capacity to enter into the agreement that is, each party must understand what he or she is entering into and the consequences of doing so. In all of these instances, the law provides a remedy.Ĭertain requirements must be met before a legal contract-be it for property, goods, or services-is valid and enforceable. Family members-or even attorneys-can convince the patient to make cash transfers, power of attorney designations can be abused, and patients can be misled about the value of property and sell it well below market value. For example, the individual with Alzheimer's may make multiple payments for the same service, or the people providing the services may write checks to themselves from the patient's checkbook without being detected. The abuse or fraud is often difficult to detect because the offender is commonly a family member or someone in a position of authority or trust who has the ability to hide what he or she is doing.įraud and financial abuse can take many forms. Add to this the dementia caused by Alzheimer's and you have a nearly irresistible opportunity for the unscrupulous. Declining hearing and eyesight allow both strangers and family to use the older person's age to their advantage. The elderly in general are easier targets for fraud and financial abuse than younger people. It can be difficult for a person with Alzheimer's to keep track of bills and payments and to know whom to trust. The resulting dementia can cause those with the condition to ask the same questions repeatedly, feel lost and unable to follow directions, become disoriented, and neglect personal safety and hygiene. Alzheimer's Disease and ContractsĪlzheimer's is a progressive disease that initially affects the parts of the brain that control thought, memory, and language. The law, though, provides a way to void some transactions and to protect the rights of the disabled (including those who are mentally incompetent) and their families. Estate planning, investments, property sales, and many other opportunities exist for the unscrupulous to take advantage of the vulnerable. Rick , illustrates the legal and financial dangers faced by those with mental illness or degenerative diseases. Over time, the manager takes a sizeable commission for his work, induces the woman to gift a valuable parcel of land to a company the account manager owns, and assists the woman in planning a new will and power-of-attorney that also benefit him. Following her husband's death, the couple's investment account manager offers to administer the estate. An elderly woman with early signs of Alzheimer's disease is widowed.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |