As a family member or friend to someone with dementia, you may feel the need to take certain actions on their behalf. This can involve making medical decisions, financial decisions, or simply helping them to manage their day-to-day life. To do this, you may need to obtain power of attorney, which is a legal document that gives you the authority to act on someone else’s behalf.
Power of attorney can be a helpful tool for family members and friends of someone with dementia, but it is important to make sure that it is the best solution for your situation. The type of power of attorney you need will depend on the specific needs of the person with dementia and the type of decisions you want to make on their behalf.
What is Power of Attorney?
Power of attorney is a legal document that gives a person (the “attorney”) the authority to make decisions or take actions on behalf of another person (the “principal”). In the case of someone with dementia, the attorney is usually a family member or close friend. The principal gives the attorney permission to take certain actions in their name, such as making medical decisions, signing legal documents, or managing their finances.
There are two main types of power of attorney - durable and non-durable. Durable power of attorney is the most common type and remains in effect even if the principal becomes mentally incapacitated. Non-durable power of attorney only lasts until the principal becomes mentally incapacitated.
How to Get Power of Attorney for Someone with Dementia
The first step in getting power of attorney for someone with dementia is to meet with an attorney who specializes in this area. The attorney can help you understand the legal requirements and review any existing documents, such as a will or trust, that may already be in place. The attorney can also help you decide which type of power of attorney is best for your situation.
In some cases, it may be possible for the person with dementia to sign a power of attorney document. This will require them to understand what they are signing and be able to make a rational decision. If this is not possible, a court order may be necessary. This is more complicated and time-consuming, but can be done if the person is unable to sign the document themselves.
Benefits of Power of Attorney for Someone with Dementia
Having power of attorney for someone with dementia can be very beneficial in a number of ways. It can give you peace of mind that you can make decisions on their behalf if necessary, and it can also help to protect the person with dementia from financial exploitation or abuse. Having power of attorney can also help to ensure that the person’s wishes are respected and that their medical needs are taken care of.
Considerations When Getting Power of Attorney
When deciding whether to get power of attorney for someone with dementia, it is important to consider the potential risks. For example, it is important to make sure that the person with dementia will not be taken advantage of by the attorney. It is also important to be aware that the power of attorney document may be challenged in court if it is thought that the person with dementia was not of sound mind when they signed it.
Conclusion
Getting power of attorney for someone with dementia can be a helpful tool for family members or friends. It can give the attorney the authority to make decisions and take actions on behalf of the principal and can help to protect them from potential exploitation or abuse. Before deciding to get power of attorney, it is important to understand the legal requirements and potential risks and to make sure that it is the best solution for your situation.