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Can you unilaterally sever the joint tenancy where one joint tenant lacks mental capacity?
A notice of severance of joint tenancy has been signed by an attorney acting on behalf of a principle who wishes to sever the joint tenancy between himself and his wife. As usual there is a receipt section on the notice, but in the case of the recipient they are in a nursing home with dementia and their attorney is not receptive to the notice. For clarity, is the notice of severance still essentially a unilateral act in a case were the joint tenant does not have capacity? Does the attorney need to sign the notice and if they do not sign is the severance still valid?