The ability to understand the nature and effect of a power-of-attorney is critical, but there are other factors a court requires to evidence sufficient mental capacity. Mental incompetency or incapacity can be a complex area where different standards of incapacity may apply depending on the context. A person may have significant cognitive impairment and yet be able to understand certain things that meet the legal standard of competency to make a Will or sign a power-of-attorney. Other factors, such as stress, depression, medications, and so forth may cause temporary distortions of mental capacity. An experienced guardianship lawyer or elder law attorney may be very helpful with mental capacity determinations. Someone who is frail and physically unable to manage his or her affairs might be need guardianship even if mentally competent.
Contact us now to inquire about mental illness power-of-attorney.