Making a Durable Power of Attorney for a Dementia or Alzheimer’s Patient

When a senior suffers from dementia or Alzheimer’s, a lasting power of attorney is frequently required. Discover more about the procedure.

When an aged loved one suffers from dementia or Alzheimer’s, a Durable Power of Attorney is frequently required. A permanent POA empowers a trustworthy family member or acquaintance to make medical and financial choices on behalf of the person in need, ensuring that they receive the care they require and that their assets are properly managed.

If someone you care about is suffering from dementia or Alzheimer’s, you should consider establishing a Durable Power of Attorney as soon as feasible.

Is it challenging to create a power of attorney for someone suffering from memory or Alzheimer’s disease?

Making a power of attorney for someone with dementia or Alzheimer’s is not inherently more challenging, but there is one important factor to remember. In order to establish a legitimate POA, the owner of the power of attorney — in this instance, the individual suffering from dementia or Alzheimer’s — must be able to comprehend what they are writing. This is done to safeguard the donor from senior mistreatment, corruption, and other offenses. It can be difficult to ensure that the POA is lawful in this circumstance. For the power of attorney to be legitimate, you may need a statement from a physician saying that the beneficiary can still comprehend what is being written.

Why would the owner require a power of attorney if they can still comprehend what they are signing? It makes sense to establish a power of attorney before the grantor’s ability to execute and create a formal one lapses. In these cases, a power of attorney is sometimes made “springing,” which means that it only takes effect when the grantee can no longer show the ability to make these choices. In this instance, the individual given power to make choices for the grantee can only do so if the grantor’s own skills are called into doubt.

What if no power of attorney is established?

If the individual suffering from memory or Alzheimer’s is unable to make their own choices, they cannot execute a power of attorney paper. Because this legal instrument gives another individual crucial decision-making power, the grantee must completely comprehend what they are doing when signing the POA.

If a power of attorney cannot be given because the person lacks the legal ability to execute the instrument, a guardianship may be considered. Conservators can serve as a power of attorney representative, making medical and money choices on their behalf. However, becoming a guardian takes time and sometimes entails an expensive judicial process. However, if you want to provide significant assistance for someone who is unable to make choices for themselves, this judicial process may be worth the work. Just keep in mind that it can be time-consuming and should be avoided if at all possible because it is a far more intrusive choice than a power of attorney.