Dementia and no common-law marriage; can a person with dementia marry her partner of 30 years (partner does not have Dementia)?

This question will have different answers depending on which country the people are in.

In Canada, if they have been living together for 30 years it is automatically a Common Law Marriage. In Canada Common Law Marriages are under Provincial Laws, not Federal.

My mother was a marriage commissioner and I know of one person who has dementia, but was able to make her own decisions, who got married to her long term partner. Dementia does not always make a person unable to make a legal decision.

It is important to discuss with an Attorney the reasons for a marriage now and what impact that will have on finances for both of them.

No, she cannot make informed decisions. For financial purposes he loses. If they have kept their money separate up to now I would leave it that way. If they shared an account he may need to prove what money is his. But I think she will get Medicaid much easier if his income is not in the mix. Why do you think financially its better? For her? I don't think it would be for him.

You may want to consult an Elder Law Attorney, but it’s my understanding that if a person is legally diagnosed with dementia/Alzheimer’s, they are declared incompetent and cannot legally sign any documents, such as POA forms or marriage licenses. In order to marry legally, a license would have to be taken out. If her partner’s family is not on board with the marriage, there could be issues and if she was proved incompetent, they could cut her off, especially if someone has POA for her partner.