Dementia and Property Ownership

How Dementia Affects Decision-Making

As dementia progresses, it can severely impair a person’s ability to make sound decisions. This includes decisions related to property ownership, such as managing finances, paying bills, or selling or transferring real estate. It’s essential to address these issues early on to protect the person with dementia and their assets.

Legal Issues Related to Dementia and Property Ownership

Capacity to Manage Property

When a person with dementia loses the capacity to manage their property, they may require a legally appointed representative to act on their behalf. This can be achieved through a power of attorney or conservatorship.

Power of Attorney and Conservatorship

A power of attorney is a legal document that allows a person (the principal) to appoint someone else (the agent) to make financial and property decisions on their behalf. If the principal has dementia, it’s crucial to establish a durable power of attorney while they still have the capacity to understand and sign the document.
If the person with dementia has not established a power of attorney and no longer has the capacity to do so, a conservatorship may be necessary. In this case, a court will appoint a conservator to manage the person’s financial affairs and property.

How Hess-Verdon & Associates Can Help

Estate Planning and Trusts

At Hess-Verdon & Associates, we offer unparalleled estate planning expertise to help families navigate the complexities of dementia and property ownership. We can assist in drafting powers of attorney, establishing trusts, and creating comprehensive estate plans that protect your loved one’s assets and wishes.

Probate Litigation and Disputes

With over three decades of experience in estate planning, business, and commercial litigation, our team is well-equipped to handle trust and probate disputes related to dementia and property ownership. Our commitment to delivering comprehensive, results-oriented legal counsel and our extensive background in trial preparation, strategy, and presentation make us the right choice for your legal needs.
In conclusion, dealing with dementia and property ownership can be challenging and emotionally taxing. It’s vital to have knowledgeable and dependable legal counsel by your side. Contact Hess- Verdon & Associates today at 1-888-318-4430 for sophisticated and trustworthy guidance during this difficult time.

FAQs

Q1: What should I do if my loved one with dementia can’t manage their property anymore?

A1: It’s crucial to consult with an experienced estate planning attorney. They can guide you through the process of establishing a power of attorney or conservatorship.

Q2: Can a person with dementia sign a power of attorney?

A2: Yes, if they still have the capacity to understand the nature and consequences of the document. It’s best to do this in the early stages of dementia.

Q3: What happens if the person with dementia didn’t establish a power of attorney?

A3: If the person has lost capacity and didn’t establish a power of attorney, a court may need to appoint a conservator to manage their affairs.

Q4: How can Hess-Verdon & Associates help with dementia and property ownership issues?

A4: We can assist with estate planning, establishing trusts, drafting powers of attorney, and handling trust and probate litigation. Our team is committed to delivering results-oriented legal counsel.

Q5: What makes Hess-Verdon & Associates stand out in handling dementia and property ownership issues?

A5: With over three decades of experience and a deep understanding of estate planning and probate litigation, we’re able to provide comprehensive and sophisticated legal services to our clients. We’re dedicated to ensuring the best outcomes for those we serve.