If you are caring for someone with dementia, it is important to ensure that their legal and financial affairs are looked after. One of the most important documents a person can have is a power of attorney. This document gives someone else the authority to look after their finances and make decisions for them. However, if the person with dementia begins to show signs of cognitive decline, it is important to consider changing the power of attorney.
When is it Necessary to Change Power of Attorney?
If the person with dementia begins to show signs of cognitive decline, it is important to consider changing the power of attorney. This is because a person with dementia may not have the same capacity to make decisions that they once did. If the power of attorney has been granted to a friend or family member, they may no longer be the best person to make decisions on the person's behalf. It is also important to consider changing the power of attorney if the original holder has passed away or is no longer able to act on behalf of the person with dementia.
Who Can be Given Power of Attorney?
When changing power of attorney for someone with dementia, it is important to choose someone who is trustworthy and reliable. It is also important to choose someone who will act in the best interests of the person with dementia. This could be a friend or family member, or someone from the local authority or another organisation. The person given power of attorney must be over the age of 18.
How to Change Power of Attorney
The process for changing power of attorney will depend on the country or state in which you live. Generally, a new power of attorney document must be completed and signed by both the person with dementia and the new power of attorney holder. This document must be witnessed and signed by a solicitor or other authorised person. In some cases, a court may need to approve the appointment of the new power of attorney.
Advantages of Changing Power of Attorney
Changing power of attorney for someone with dementia can bring a number of advantages. The new power of attorney holder can ensure that the person's finances are managed in the best possible way. They can also ensure that any decisions made on behalf of the person with dementia are in their best interests. This can help to protect the person's financial interests and wellbeing.
Disadvantages of Changing Power of Attorney
There are some potential disadvantages to changing power of attorney for someone with dementia. The new power of attorney holder may not have the same understanding of the person's wishes as the original holder. This can lead to disagreements about how their finances should be managed. There can also be delays and additional costs involved in the process of changing power of attorney.
What to Consider Before Changing Power of Attorney
Before changing power of attorney, it is important to consider the wishes of the person with dementia. If they are able to communicate their wishes, it is important to take these into account. It is also important to consider the potential advantages and disadvantages of changing power of attorney, and to discuss the matter with the original power of attorney holder, if possible. It is also important to ensure that the new power of attorney holder is aware of the legal responsibilities they are taking on.
Conclusion
If someone with dementia begins to show signs of cognitive decline, it may be necessary to consider changing their power of attorney. It is important to ensure that the new power of attorney holder is trustworthy and reliable, and that they are aware of their responsibilities. Before changing power of attorney, it is also important to consider the wishes of the person, and to discuss the matter with their current power of attorney holder, if possible.