Brain injuries can have lasting effects on a person’s ability to think clearly, make decisions, and manage daily responsibilities. When cognitive functions are affected, individuals may struggle with judgment, memory, and impulse control. A lawyer, like a brain injury lawyer, knows that in some cases, this can lead to legal concerns regarding financial decisions, medical choices, and overall competency.
Cognitive Challenges After A Brain Injury
The brain controls reasoning, problem-solving, and emotional regulation. When an injury affects these areas, the results can vary. Brain injuries can even cause difficulty sleeping which leads to further impairment. Some individuals experience only minor difficulties, while others may lose the ability to handle routine tasks. Common cognitive issues after a brain injury include:
- Difficulty processing information or making logical decisions
- Impulsivity and poor judgment
- Memory loss that affects the ability to recall important facts
- Trouble understanding risks or consequences
- Emotional changes that impact rational thinking
These challenges can make it difficult for a person to manage their own affairs, increasing the risk of financial exploitation or harmful decision-making.
Legal Implications Of Impaired Decision-Making
A brain injury can raise concerns about whether a person is legally competent to sign contracts, manage assets, or make medical choices. In some situations, family members may need to step in to protect their loved one’s interests. Legal options may include:
- Power of Attorney. A person with a brain injury may voluntarily grant decision-making authority to a trusted individual. This can apply to financial or medical matters.
- Guardianship or Conservatorship. If someone is unable to make sound decisions due to a brain injury, the court may appoint a guardian or conservator to handle their affairs.
- Challenging Legal Agreements. If a person signed a contract or made a financial decision while cognitively impaired, family members may be able to contest the validity of the agreement.
Determining competency can be complex, often requiring medical evaluations and legal review. Courts consider factors such as medical history, expert testimony, and the specific decisions in question.
Long-Term Effects On Financial And Medical Decisions
A brain injury may cause lasting cognitive impairment, making long-term planning essential. Financial decision-making can be particularly difficult, as affected individuals may be more susceptible to scams, mismanagement, or reckless spending. Family members may need to monitor transactions and consider protective measures such as account restrictions or financial oversight.
Medical decisions also become more complicated when a person struggles to weigh options or understand potential risks. Advance directives, living wills, and legally designated healthcare proxies can help protect an injured person’s rights while allowing trusted individuals to assist in decision-making.
Seeking Legal Guidance For Competency Concerns
When a brain injury impacts a person’s ability to make sound decisions, legal intervention may be necessary. Attorneys like those at Wandres Law, PC can attest to the importance of addressing competency concerns early. Whether through power of attorney, guardianship, or other legal tools, families have options to protect their loved one’s interests. For help, call your local law office today.