When a loved one is diagnosed with Alzheimer’s, understanding the legal aspects of their care can be empowering.
One important document that often comes into play is a power of attorney (POA). But can someone with Alzheimer’s sign a POA? The answer is yes, as long as they are still mentally competent when signing. Understanding how a POA works, how to determine mental competence, and what alternatives exist can help ensure that your loved one’s wishes are respected, giving you a sense of control in what can be a challenging situation.
What is a Power of Attorney?
A power of attorney (POA) is a legal document that gives one person, known as the “agent,” the authority to make decisions on behalf of another person, known as the “principal.”
Depending on the type of POA, the agent is empowered to handle various kinds of matters, such as financial decisions, legal affairs, and healthcare choices. There are 2 main types: a general POA, which grants broad powers, and a durable POA, which remains in effect even if the principal becomes incapacitated.
For individuals with Alzheimer’s, a durable power of attorney is often the preferred option. It ensures the agent can continue making decisions even as the disease progresses, providing a sense of relief from the burden of decision-making and allowing a trusted person to manage important aspects of their life.
Signing a Power of Attorney with Memory Loss
Signing a POA with memory loss is possible, but it depends on the person’s mental capacity when signing.
In legal terms, “capacity” refers to the individual’s ability to understand the nature and consequences of their decision. In the early stages of Alzheimer’s, when an individual can still comprehend and communicate clearly, they may be able to sign a POA.
However, once Alzheimer’s advances to a stage where the individual can no longer understand the meaning of the document or the agent’s responsibilities, it may no longer be legally possible for them to sign a POA. Acting soon after diagnosis, while the person still has the legal capacity to make such important decisions, will save time and stress for both them and their loved ones.
Suppose the person’s capacity is in question. In that case, a doctor’s evaluation may be necessary to determine whether the person is still mentally competent. This assessment can provide documentation that the person understood what they were signing, which may help prevent future legal disputes.
In cases where someone with dementia can no longer sign a POA, it may be necessary to pursue alternatives, such as guardianship. This legal route requires court intervention and is more complex, but it can ensure that decisions are made in the best interest of the person with Alzheimer’s.
How to Get a Power of Attorney
If your loved one has Alzheimer’s and you want to establish a POA, follow these steps:
- Discuss the matter early: Talk to your loved one about establishing a POA as soon as possible after diagnosis. Ensure they understand the importance of appointing someone they trust.
- Determine the type of POA needed: Decide whether a general or durable POA is appropriate, depending on the level of responsibility and duration of authority your loved one wishes to grant.
- Choose an agent: The person with Alzheimer’s should select someone they trust to be their agent. This could be an adult child, spouse, or close friend.
- Consult an attorney: While creating a POA without a lawyer is possible, consulting with an elder law attorney can help ensure all legal requirements are met, especially if dementia is involved.
- Sign the POA: If the individual is still mentally competent, they can sign the document in the presence of witnesses or a notary, depending on state requirements.
Alternatives to a Power of Attorney
In cases where a power of attorney cannot be signed due to advanced Alzheimer’s, there are several alternatives that families can consider to ensure their loved one’s needs are met.
One option is guardianship, where the court appoints a guardian to manage the individual’s personal and financial affairs. Guardianship may be necessary when the person can no longer make decisions, and when no POA was signed beforehand. Establishing guardianship involves filing a petition with the court, undergoing a hearing to determine the person’s capacity, and the appointment of a guardian. While this process requires court involvement, it ensures that the individual’s best interests are legally protected.
Living trusts are another helpful alternative. A living trust allows the person to transfer ownership of their assets into a trust managed by a designated trustee. If the individual becomes incapacitated, the trustee can take over the management of the assets without the need for court intervention or a POA.
In some cases, healthcare directives or advance directives can be used as an alternative to a POA for medical decisions. These documents allow individuals to specify their healthcare preferences, including end-of-life care, while they can still make decisions.
Finally, court-appointed fiduciaries may be an option. In this case, a court appoints someone to manage the individual’s financial or healthcare decisions if no other arrangements were made. This is often a last resort when other legal tools, like a POA or trust, are unavailable.
Discover Memory Care at Dogwood Forest of Acworth
At Dogwood Forest of Acworth, we understand the unique challenges that families face when caring for a loved one with Alzheimer’s. Our memory care services provide compassionate, expert care tailored to each resident’s needs, helping to maintain dignity and quality of life. We focus on creating a positive and engaging environment, supporting cognitive and emotional well-being.
Let us support you through this journey. Contact Dogwood Forest of Acworth today to learn how our memory care services can provide peace of mind for you and your loved one.