Understanding Legal Capacity: Who Can Sign Documents and When?

• Who Determines Capacity?

  • If a lawyer is present, they assess capacity.

  • If no lawyer, a notary will typically make the determination.

• Key Factors in Capacity Assessment

  • Does the person understand the nature and consequences of signing?

  • Do they grasp the purpose of the document (e.g., granting power of attorney)?

  • Can they communicate their decision, even non-ve…