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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?

Anonymous (Private practice)

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