Written by Benjamin Kingsley
Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.
Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.
Obtaining a power of attorney (POA) for someone with dementia can be a complex process, as it requires the individual to have the mental capacity to understand and execute the document. It is crucial to act quickly when dementia is first diagnosed, as the person’s ability to make sound decisions may deteriorate over time.
The first step in obtaining a POA for someone with dementia is to consult with a qualified elder law attorney. This legal professional can assess the situation, explain the different types of POA available, and guide the family through the process. It is important to note that if the person with dementia has already lost the capacity to make decisions, it may be too late to establish a POA, and guardianship or conservatorship may need to be pursued instead.
If the individual still has the mental capacity to understand and execute a POA, the following steps should be taken:
1. Choose the appropriate type of POA: This may include a durable power of attorney for finances, a healthcare power of attorney, or both, depending on the specific needs of the individual.
2. Select a trusted agent: This person will be responsible for making decisions on behalf of the individual with dementia. It is crucial to choose someone who is reliable, trustworthy, and capable of handling the responsibilities.
3. Draft the POA document: The attorney will prepare the necessary legal documents, ensuring they comply with state laws and accurately reflect the individual’s wishes.
4. Execute the document: The person with dementia must sign the POA in the presence of witnesses and/or a notary public, as required by state law. It is essential to ensure that the individual understands the nature and consequences of the document they are signing.
5. Register the POA: In some jurisdictions, it may be necessary to register the POA with the appropriate government office or court.
It is important to note that obtaining a POA for someone with dementia requires careful consideration and timely action. Families should seek legal advice as soon as possible after a dementia diagnosis to ensure that their loved one’s wishes are respected and their affairs are properly managed.
Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.
Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.