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How Do I Get Power of Attorney for a Parent with Dementia?

Seeing a parent struggle with Alzheimer’s disease or another form of dementia can be challenging. You may be wondering how you can get a power of attorney for your parent with dementia. Obtaining a power of attorney is an important way to care for your parent and the future.


Attorney Christopher Heritage of Heritage Legal, PC, understands the complexities of caring for a parent with dementia. He provides families with empathetic, compassionate legal guidance as they navigate the legal steps they need to take after a dementia diagnosis, including obtaining a power of attorney. 

A Power of Attorney Is Important After a Dementia Diagnosis


Learning your parent has dementia is stressful and can bring up questions and concerns. Adding to the stress are the legal steps you and your parent will need to take as soon as possible. After your parent has been diagnosed, you will need to talk to them about making some important decisions, including establishing a power of attorney (POA). Dementia is a degenerative disease that becomes progressively worse. Consequently, a POA will be necessary for most individuals living with dementia. 


Establishing a power of attorney will probably be new territory for you and your parent. Most of us are familiar with a last will and testament or a trust, but powers of attorney documents aren’t as common but are just as important. A power of attorney is a legal document that identifies the person who can make financial and medical decisions on behalf of someone who can no longer do so. In the case of a person who is living with dementia, a power of attorney is important because they can make decisions about the individual's finances and healthcare when they can no longer do so as the disease progresses. 

How to Obtain a Durable Power of Attorney for a Parent with Dementia


If your parent has dementia, establishing a durable power of attorney is usually the most advantageous. The sooner you can establish a durable power of attorney, the better. A durable power of attorney is a specific type of power of attorney that allows the agent to continue making decisions after the principal can no longer make them on their own. Durable POAs differ from non-durable POAs or general POAs that reverse the agent’s rights to make decisions once the principal is incapacitated. 

Establishing a POA During the Early Stages of Dementia


Ideally, every adult would have an up-to-date power of attorney document naming their designated agent before a medical crisis occurs. However, many people do not have a power of attorney document signed and ready to use. If your parent has a diagnosis of dementia or will be getting evaluated for dementia, the best time to work together to name a power of attorney is now. Your first step should be speaking with an attorney with experience in elder law topics. 


Attorney Christopher Heritage can help you create a power of attorney while your parent is in the early stages of dementia and has the mental capacity to name an agent and sign the document themselves. The paperwork can be completed as long as your parents understand the power of attorney document, what it does, and who they select as their agent. 

Establishing a POA During the Mid-to-Late Stages of Dementia


What if your parent has not made a power of attorney designation but is further along in the progression of dementia and isn’t able to make a decision? In this case, a judge will need to review the case and appoint someone with the title of conservator. A conservatorship allows the appointed designee to make decisions about your parent’s finances. 


A guardianship allows the designee named by the court to make decisions about your parent’s healthcare. Obtaining guardianship or conservatorship can be a cumbersome process. Still, it will be necessary for you to advocate for your parent and ensure their wishes, both medical and financial, are followed. 


How to Start the Power of Attorney Process


The first step in selecting a power of attorney is allowing your parents to decide who you’d like their agent to be. After your parents have decided, you should speak to an attorney who can walk you through creating and signing the power of attorney document. The document should be completed in detail and signed by a notary public or two competent witnesses. 


If your parent creates a durable power of attorney, the appointed agent will have the legal authority to begin making decisions on behalf of your parent immediately. If you create a springing power of attorney, the agent will only be able to make decisions when your parent has become incapacitated and is no longer able to make medical decisions on their behalf. 

What Decisions Can a Power of Attorney Make for a Parent with Dementia?


There are two main types of powers of attorney for a person living with dementia: medical and financial. Your parent can designate one person to be the agent of both or two separate agents. Medical powers of attorney allow the agent to choose a healthcare provider, decide what medications they need to take, and give end-of-life medical directives, such as do-not-resuscitate orders. 


The agent of a financial power of attorney can make decisions regarding financial matters, such as paying bills, filing tax returns, depositing social security checks, managing investments, and handling retirements. 

Contact an Experienced Estate Planning Attorney in Palm Springs


Whether your parent has already been diagnosed with dementia or you’re in the process of pursuing a diagnosis, speaking to an estate planning attorney can be beneficial. Attorney Christopher Heritage has the experience, skills, and compassion to help you pursue a power of attorney for your parent. He can also help you develop a comprehensive estate and advance care plan. Don’t hesitate to contact Heritage Legal, PC to schedule a free case evaluation with a skilled estate planning attorney. 



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