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Physical ability or capacity to sign power of attorney

Submitted by HGG59 on Mon, 01/03/2011 - 09:44
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My mother was recently diagnosed with alzheimer's but she is still pretty sharp. She also has severe arthritis and recently had an operation on her hand which makes it very hard for her to sing her name. Does that mean we have to wait and hope she will be able to sign the document later? Can someone sign for her?

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Interesting question.  Do not

Submitted by The Editor on Mon, 01/03/2011 - 12:22.

Interesting question.  Do not confuse mental or legal capacity with physical ability to sign a document.  As long as your mom has the mental capacity to sign legal documents (can understand what the document is and the ramifications of signing it), then she has several options regarding the signature.  She can make any mark, such as an X, as long as the act is properly witnessed.  She can also ask someone to sign on her behalf.  Because your mother has Alzheimer's (and, thus, her mental capacity could be questioned by third parties) and because of her physical limitations, you should consult with an elder law attorney or an estate planning attorney.  Even if the physical limitation issue where not present, I think you will agree that this is a good time to evaluate your mom's situation and to make sure her estate planning is up to date and effective.  Good luck.

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