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Bussjones29 Asked August 2018

If an elderly person cannot find the bathroom in a small 1 bdrm apt on visits each Sunday, does that sound like he is incompetent?

First, wife said Dad had Alzheimer's and that she couldn't leave him home alone anymore because he would wander off or let just anyone into the house. While his wife was at work, he would come to my apartment every Sunday and stay for about 6-8 hours each time. Each time he came over he had to ask me where the bathroom was located. Then he was put in adult daycare, and in Jan 2017 he was diagnosed with Parkinson's. Does that sound like someone competent enough to enter into contracts?

Bussjones29 Oct 2018
Home mortgage closing documents. He received a setttlement from VA for injuries sustained in Korean War but because of undue influence of the wife he purchased a home under his veterans benefits with no money down, 30 year term, and he was 88. She forged a medical power of attorney and advance directive back in October/November 2015. Signed mortgage documents on 3-29-16. Not finding the bathroom was before power of attorney was forged.
Isthisrealyreal Oct 2018
Does he live with his wife in this home?

What does it have to do with a settlement from the VA, you said no money down.

Do you have proof that he was under duress when he signed?

Just because someone is 88 doesn't mean that they wouldn't enjoy a new home and most men want to provide for their wife in the event they pass first.
MichaelHarris Oct 2018
Non finding bathroom in place where someone visits regularly is disability.

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JoAnn29 Aug 2018
If he can't find the bathroom in a place he visits weekly, I would say there is something wrong. Parkinsons an Dementia go hand in hand. No, I would question him signing anything legal.

Ahmijoy Aug 2018
My FIL had Parkinson’s for years and successfully ran a family business before he contracted dementia and was no longer able to work. Just because he goes to adult daycare doesn’t mean he’s mentally incompetent. It just means that someone cares enough about him to want him to be safe and have social interactions. People with PD tend to fall. A lot.

And, I know from experience that even small apartments can be confusing. Doorways, and maybe a hallway with more doors. If I have “to go”, at my age, I want to know exactly which door to open. Short term memory loss doesn’t mean incompetence.

anonymous594015 Aug 2018
That does sound like someone who could still be legally competent. Legally, a person is considered to be competent until a court has determined they are not competent. Many people in the early stages of Alzheimer's are still legally competent.

If you think he needs protection from entering into contracts, you might ask his doctor to evaluate his competency. Most doctors have forms for that. It might be a useful document to have if he enters into a contract that the family is concerned he may not have fully understood.

cwillie Aug 2018
What kind of contract are you proposing he sign? Generally the person only has to demonstrate that they understand what they are signing at the time. Before preparing any documents a good lawyer will want to speak with the person privately to satisfy themselves that everything is understood and there is no undue influence.

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