At What Point Does a Person's Signature Become Invalid? (Mental Illness)

Updated on December 24, 2011
M.C. asks from Saint Petersburg, FL
6 answers

A physician is treating a patient with a very strong dose of steroids and the patient increasingly became more and more anxious and then delusional. She checks into a crisis center due to her intense anxiety for about 10 days. Luckily, the drugs are leveling off now and she has improved by leaps and bounds. She is still troubled by the thought that her signature became invalid the day she checked into the crisis center and she can't sign a check or any other document or she is committing fraud/an illegal act. I believe this is to be incorrect. I thought a person’s signature is valid until a court rules that person as incompetent and gave power of attorney to another. I don’t think simply checking into a crisis center makes your signature invalid. Do any of you know for sure? Thanks in Advance.

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J.B.

answers from Boston on

You are correct. Seeking help does not render oneself legally incompetent. Not only that...even if one is declared incompetent, that extends only so far and under very specific circumstances (for example, being able to check out of a clinic or change a will).

Becoming legally incompetent requires a court hearing. In my state, it's called a section 35. If someone were committed to a hospital or other facility, a person concerned about the patient can petition the court and present evidence that the patient is unable to care for him or herself without the patient being present and would need to present evidence of this. If the person were not committed to care somewhere, then the person in question would be present at the hearing.

At that point, if guardianship is granted, it would be either guardianship of the person (allowing the guardian to decide where the person lives and to direct medical care), guardianship of the estate (basically just financial and other decision such as wills) or general guardianship, which includes both.

Unless someone has gone to court and obtained guardianship of the person you are writing about, there is nothing invalid about her making decisions on her own behalf. Perhaps it would help her to have someone from the facility where she is staying explain this to her in a way that she understands.

3 moms found this helpful

V.W.

answers from Jacksonville on

No, I do not know for sure, and I was under the same impression as you. The first thing I would do, if there was a question, would be to read the admission documents. If he/she self admitted into the center, they had to sign some papers.... read them carefully. All the fine print. Start there.

1 mom found this helpful

T.K.

answers from Dallas on

those things vary state to state. if she signed something while admitted, it could be challeneged in court. once she was released, the facility, they are signing off that she is mentally stable and decisions made now would be hard to challenge. The thing to do, right now is to get a power of attorney drawn up in case this is ever an issue again.

1 mom found this helpful
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M.S.

answers from Cleveland on

From my experience as a psychiatric professional for ten years; Their signature IS NOT in valid. We have had patients sign checks and even pay bills and order pizzas with their credit cards. They have just as much power as they did before they came to the psychiatric ward.

1 mom found this helpful
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G.B.

answers from Oklahoma City on

If she did not have a court order taking her rights away she is has not lost the right to manage her own life. Many people go in the hospital for mental breaks, some for depression, some for anxiety, etc...no one loses anything by doing this. I would also say a phone call to any attorney's office in the phone book that offers a free 30 minute consultation could answer this question legally or by calling the county clerks office.

1 mom found this helpful
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K.B.

answers from Tulsa on

My bil had my sil sign a will giving him everything the day she was committed for 2 weeks due to mental illness. We hope they never do another will because the lawyers and judges here told us they will throw it out.

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