An elder law attorney will privately interview that person to see if they have legal "capacity" and are not being coerced into doing something by whoever came with them. The bar for legal capacity is pretty low so even someone with some memory loss and very early dementia might still be able.
It IS, Geaton. My brother's attorney, I know you heard me say a million times, told my brother "Are you sure you trust this woman? Because she can now sell the gold out of your teeth". They try to make it clear to the elder what they are doing and the dangers of doing it, for sure, but that all depends upon the capacity of the person to compute the whole thing.
Yes, you are correct. BUT! Having a diagnosis of dementia does NOT preclude doing legal papers if the elder is still aware of what they are doing. My brother made me his POA and Trustee AFTER his diagnosis of probable early Lewy's dementia. The attorney is legally responsible to examine the person making out these papers, will do so, and will write in the documents his findings of competency to make out these papers. A diagnosis is not the same as being legally incompetent to make your own decisions.
Even without a "formal" diagnosis an attorney can refuse to proceed if they feel that the person is not competent. They may then suggest an alternative like Guardianship. But you are right that getting all the paperwork done before a "formal" diagnosis is best as it would be less of a chance for someone to say that there was undue influence.
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They try to make it clear to the elder what they are doing and the dangers of doing it, for sure, but that all depends upon the capacity of the person to compute the whole thing.
BUT!
Having a diagnosis of dementia does NOT preclude doing legal papers if the elder is still aware of what they are doing. My brother made me his POA and Trustee AFTER his diagnosis of probable early Lewy's dementia.
The attorney is legally responsible to examine the person making out these papers, will do so, and will write in the documents his findings of competency to make out these papers.
A diagnosis is not the same as being legally incompetent to make your own decisions.
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But you are right that getting all the paperwork done before a "formal" diagnosis is best as it would be less of a chance for someone to say that there was undue influence.