When your parent is diagnosed with dementia, your whole family is affected, and usually, a family member must step in to manage their affairs. 

In addition to dealing with the emotions accompanying the diagnosis, your family must meet with your parent to prepare for their present and future needs.

Because of confidentiality regulations in the banking and healthcare sectors, the person who wants to help your parent will need legal authorization. This power is inherent in spouses, but anybody else, even close family members such as an adult child, will require explicit approval.

This task might seem daunting, especially if you are still trying to accept the diagnosis. However, it is critical that your family takes advantage of the disease's early stages to fully understand your parent's plans for going forward.

In this article, we will discuss how to get Power of Attorney for a parent with dementia and provide suggestions to make the process easier.

Key Takeaways:

• A Durable Power of Attorney is often necessary when a parent suffers from dementia. It empowers a family member or friend to make medical and financial decisions on behalf of your parent, ensuring they receive the care and asset management they need.

• Before signing a POA, your parent's ability to make informed choices may be evaluated, and a note from a physician may be required to certify that your parent comprehends what they're signing.

• If a power of attorney can't be established because your parent lacks the ability to sign it, a conservatorship may be considered, but this may be time-consuming and should be avoided if possible.

Establishing a Durable Power of Attorney for a Dementia Patient

When your parent suffers from dementia, a Durable Power of Attorney is often required. 

A durable POA empowers a trusted family member or friend to make medical and financial decisions on behalf of your parent, ensuring that they get the care they need and that their assets are appropriately managed.

Why is Power of Attorney Important for Parents With Dementia?

As an elderly parent develops dementia, they may become forgetful or disoriented, making decisions about health or money harder. 

A Durable Power of Attorney empowers someone else to make decisions on behalf of your parent when they are no longer capable.

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How Can You Tell if Your Parent is Unable to Make these Decisions?

The ability to make critical judgments is referred to as mental capacity. Your parent may lack mental capacity if they are unable to comprehend or remember the details required to make a choice.

Before signing a POA, your parent's capacity to make informed choices may be evaluated. 

An assessment exam, such as the Hopkins Competence Assessment Test, may be used to do this. The test findings may be used with a psychiatrist's evaluation of your parent.

Is it Difficult to Create a Power of Attorney for Someone Suffering from Dementia?

Establishing a power of attorney for someone with dementia or Alzheimer's is not always difficult, but there is one important factor to remember. 

To form a legitimate POA, the grantor of the power of attorney — in this example, your parent suffering from dementia — must be able to comprehend what they are signing. This is done to protect the grantor against elder abuse, corruption, and other crimes. 

For the power of attorney to be legal, you may need a note from a physician certifying that your parent can still comprehend what is being signed.

Why Would My Parent Need a Power of Attorney if They Can Comprehend What They Are Signing? 

It makes sense to establish a power of attorney before your parent's capacity to sign and make a legal one fades. In these cases, a power of attorney is often made "springing," meaning it only takes effect when the grantor can no longer show the capacity to make these choices. 

In this situation, the person permitted to make choices for your parent can only do so if your parent's mental dexterities are called into doubt.

What if No Power of Attorney Is Established?

If your parent is unable to make their own choices, they cannot sign a power of attorney. Since this legal document gives another person critical decision-making power, your parent must fully comprehend what they are doing while signing the POA.

A conservatorship may be considered if a power of attorney cannot be given because your parent cannot legally sign the document.

Conservators may serve as a power of attorney agent, making medical and financial decisions on your parent's behalf. However, becoming a conservator takes time and often entails an expensive legal process.

Nevertheless, if you want to assist your parent who is unable to make choices for themselves, this judicial process may be worth the effort. But keep in mind that a conservatorship may be time-consuming and should be avoided if possible it is a much more intrusive choice than a power of attorney.

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