can some with dementia get married

UPDATED: Oct 1, 2022

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can some with dementia get married

my dad has dementia and wants to get married is it legal and will it change the medical power of attorney.

Asked on July 11, 2018 under Family Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If he is mentally incompetent (does not understand what he is doing), the marriage would not be valid. Dementia *may* result in mental incompetence, but merely having dementia does not automatically result in a finding that a person is incompetent--it depends on what their level of understanding and thinking is. Also, the marriage will be presumed to be valid if he was not determined by a court to be incompetent prior to the marriage (and a guardian appointed) or there is no after-marriage determination or finding made by a court, in response to a challenge to the marriage's validity, that he was incompetent at the time he entered into the marriage. That is, "incompetence" is based on someone's medical and cognitive or psychological status, but is a legal determination or adjudication made by a court based on evidence of the quality of the person's thought processes; someone is legally considered to be competent until and unless a court finds him otherwise. If you want to look at what would be required to find your father incompetent and block this marriage, consult with an elder law attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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