San Antonio, TX asked in Consumer Law, Elder Law, Probate and White Collar Crime for Texas

Q: If a person is in the 2nd to last or last stages of Parkinson's or Alzheimer's would he be legally able to sign mortgage

Signature is totally illegable. Has to be in adult daycare or supervised, cannot leave him alone. Gets confused about where bathroom is in my small one bdrm apt and has to ask every week. He just received a settlement from VA (his own personal property) and his younger wife had him sign mortgage docs/deeds and use his GI Bill benefits to buy house zero down. She forged a medical POA in Oct. 2015 but in Feb/Mar 2016 she lets him sign mortgage docs? She breached her fiduciary duty regarding healthcare decisions b/c every choice she made was to either deny treatment and dumb him down. When hospital voided his POA, TX laws of surrogacy let her sign a DNR which is not what he would have wanted. She isolated him, no glasses or hearing aid. APS did nothing even when she was caught giving her prescription meds to him. So much more, not enough room.

1 Lawyer Answer
Terry Lynn Garrett
Terry Lynn Garrett
PREMIUM
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: A person suffering from dementia usually has a doctor's diagnosis. When dementia is first diagnosed, the person likely still has legal capacity to sign a Will, a Medical Power of Attorney and similar documents. Whether the person still has legal capacity to sign a Durable Power of Attorney varies.

Whether your father had legal capacity to sign the documents at the time he signed them cannot be assessed without reference to his medical records.

How do you know that the Medical Power of Attorney and the Durable Power of Attorney were forged?

This situation cannot easily be addressed in a Q&A. Take your evidence and your questions to an elder law attorney. You can find one using the Find a Lawyer function of the website of the National Academy of Elder Law Attorneys (www.naela.org)

Tammy Lyn Wincott agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.