When a person is suffering from dementia and is no longer able to make decisions for themselves, it is important to get power of attorney. Power of attorney gives someone the ability to act on behalf of the dementia patient, making decisions related to their medical care, finances, and other aspects of their life. Here, we will discuss the process of obtaining power of attorney for a dementia patient.
When to Get Power of Attorney?
The best time to get power of attorney is before the patient's symptoms become too severe. As dementia progresses, the patient may no longer be able to understand the implications of giving someone power of attorney. It is important to discuss this with both the patient and any family members who may be involved to ensure everyone is comfortable with the decision.
Who Can Get Power of Attorney?
In general, power of attorney can be granted to anyone the patient trusts to make decisions in their best interest. This could be a family member, close friend, or even a lawyer. It is important to note that the person granted power of attorney is legally obligated to act in the patient's best interest.
Types of Power of Attorney
There are two primary types of power of attorney. General power of attorney has the broadest reach and allows someone to make decisions related to all aspects of the patient's life. Limited power of attorney, on the other hand, is more specific and may only allow someone to make decisions related to finances or medical care.
Legal Requirements
In order for power of attorney to be legally binding, certain legal requirements must be met. The document granting power of attorney must be signed by both the patient and two witnesses. It is also important to note that the document must be notarized.
Changing Power of Attorney
If the dementia patient's condition changes or if the person granted power of attorney can no longer adequately act on the patient's behalf, it may be necessary to change power of attorney. This process requires a new document granting power of attorney, signed and notarized in the same manner as the original document.
Revoking Power of Attorney
The patient may choose to revoke power of attorney at any time. To do this, they must sign a document clearly stating that they are revoking the original power of attorney. This document must also be signed by two witnesses and notarized.
Conclusion
When a person is suffering from dementia and is no longer able to make decisions for themselves, it is important to get power of attorney. Power of attorney can be granted to anyone the patient trusts, and there are two main types. In order for power of attorney to be legally binding, certain legal requirements must be met. Finally, power of attorney can be changed or revoked at any time.