Choosing to engage or refuse to engage in a medical procedure is a fundamental right that a protected person with a Guardian loses. To respect their dignity as much as possible, consent must be given by the Guardian, but assent can be given by the protected person.
Read MoreA 90-year-old woman with moderate dementia signs a contract to buy a new car. A man with Schizophrenia wants to buy his first house. A woman with severe mania signs divorce documents.
Are any of these contracts legal in Colorado? Or, would an attorney have a strong case to argue that any of these individuals did not have the capacity to sign a valid contract?
Read MoreTestamentary capacity and being “of sound mind” is an easy hurdle to clear. Many times, though, the idea of undue influence is not explored when contesting a person’s last will and testament. Colorado law has a lot to say about this issue.
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