Living with someone who has dementia can be difficult, and there are times when it may be necessary for another person to take charge of their affairs. In this case, it is possible to obtain a power of attorney (POA) for a person with dementia. A POA allows a trusted individual to manage the financial and medical decisions of the person with dementia, and this guide outlines the process of how to get POA for someone with dementia in 2023.
What is a Power of Attorney?
A power of attorney (POA) is a written document that allows one person (called the principal) to appoint another person (called the attorney-in-fact) to act on their behalf. The attorney-in-fact is legally authorized to make decisions for the principal and to manage their finances, property, and other affairs. This type of power of attorney is sometimes known as a durable power of attorney since it remains in effect even when the principal is incapacitated due to illness or other medical condition.
Why Would You Need a Power of Attorney for Someone With Dementia?
As dementia progresses, it can become increasingly difficult for the person with dementia to manage their own affairs. In this case, it may be necessary for someone else to step in and take charge of their affairs, and this is where a power of attorney can be useful. A POA allows someone to make decisions on behalf of the person with dementia, such as handling their finances, medical care, and other matters.
What Are the Requirements for Obtaining a Power of Attorney for Someone With Dementia?
In order to obtain a power of attorney for someone with dementia, there are certain requirements that must be met. First, the person with dementia must have the capacity to understand the nature and effect of the power of attorney document. Second, the power of attorney must be in writing and must be signed by the principal in the presence of two witnesses. Third, the power of attorney must be properly executed in the jurisdiction in which it is being used. Lastly, the power of attorney must be properly registered, if required, in the jurisdiction in which it is being used.
What Types of Powers of Attorney are Available?
There are two types of POA that can be obtained for someone with dementia: general power of attorney and durable power of attorney. With a general power of attorney, the attorney-in-fact is only authorized to act on behalf of the principal while the principal is still capable of making decisions. With a durable power of attorney, the attorney-in-fact is authorized to act on behalf of the principal even if the principal is no longer capable of making decisions.
How to Get a Power of Attorney for Someone With Dementia in 2023
The process of obtaining a power of attorney for someone with dementia in 2023 is relatively straightforward. First, the principal must decide who they want to appoint as their attorney-in-fact. This should be someone who is trusted and who will act in the best interests of the principal. Once the attorney-in-fact has been chosen, a power of attorney document must be drafted, signed, and registered, if necessary. The document should be tailored to the specific needs of the principal and should clearly outline the powers that are being granted to the attorney-in-fact.
What Should You Do If There is a Dispute Over the Power of Attorney?
If there is a dispute over the power of attorney, it is important to take appropriate legal action to resolve the dispute. Depending on the jurisdiction in which the power of attorney is being used, it may be necessary to seek the advice of a lawyer. A lawyer can provide advice on the best course of action to take and can guide you through the legal process of resolving the dispute.
Conclusion
Obtaining a power of attorney for someone with dementia can be a difficult process, but it is often a necessary step to ensure that the person with dementia is protected and that their financial and medical decisions are being managed by someone who is trusted. This guide outlines the process of how to get POA for someone with dementia in 2023. It is important to remember that a POA should only be obtained after careful consideration and with the assistance of a lawyer, if necessary.