Caring for a loved one with dementia can be an exceptionally rewarding experience. However, as the condition progresses, it can pose some unique challenges, like navigating the legal side of trying to hire professional care. When a person is diagnosed with dementia, it helps to consider Power of Attorney. So how do you change Power of Attorney for someone with dementia?
If a person’s cognitive function hasn’t declined too far, they may be able to simply sign the documents for you. However, if they’re experiencing a significant degree of cognitive decline, you’ll need to visit a lawyer to discuss your options. Power of Attorney, while accessible, can be complicated to navigate without a professional’s help.
What Is Dementia, Exactly?
Dementia is a complicated group of neurodegenerative disorders, all of which lead to a significant effect on a person’s cognitive function. These conditions all lead to the damage of cells in the brain, with progressively worsening symptoms.
There are several types of dementia, including, but not limited to:
While each form has its own unique characteristics, they all share the common result of damaged brain cells. This eventually leads to further complications.
How Dementia Affects Decision-Making
Dementia is a progressive condition, meaning that the damage often worsens over time. As more cells in the brain become damaged, a person may begin to experience:
- Memory loss
- Difficulty communicating
- Confusion with time and place
- Difficulty navigating complex tasks
- Impaired judgment
- Changes in mood and behavior
The level of decline can make it more difficult for a person to navigate their own personal matters—especially when complex topics like legal, financial, or healthcare concerns become critical. This loss of capacity can eventually lead to a point where someone is no longer capable of handling those affairs on their own. This is why considering Power of Attorney is an important step.
What Is Power of Attorney?
Power of Attorney is a legally binding document designed to give a person authority over somebody else. This is an ideal document for a person worried about becoming incapacitated, such as due to dementia, who wants to ensure that they’ll get the best care.
There are two parties with Power of Attorney:
- The Principal, who is the person granting authority, and
- The Agent, who receives the responsibility of making decisions on another person’s behalf
Power of Attorney can be a complicated legal document, and the Agent’s responsibilities can vary wildly depending on the terms laid out in the original forms. Usually, it grants the Agent the ability to make decisions on behalf of the Principal. However, it’s extremely important to note that the specifics of a Power of Attorney document can vary from state to state.
Typically, Power of Attorney grants the Agent the ability to make decisions relating to:
- Financial matters, such as managing bank accounts and paying bills
- Legal matters, such as negotiating property sales or investments
- Estate affairs
- Medical decisions to ensure that the Principal can receive care according to their wishes
At all times, the Agent must act in good faith and with the best interests of the Principal in mind.
This document should always be reviewed by a lawyer before anybody signs anything—this way, you can prevent potential problems further down the line.
When to Consider Power of Attorney
When a person is diagnosed with dementia, it’s essential to begin planning for the future. The condition can affect everybody in different ways but often has the same result—cognitive decline and potential incapacitation.
Deciding to file for Power of Attorney is a crucial thing to consider. This document is much easier to file when a person still retains their full mental faculties, as the Principal needs to be fully aware of their decision and actions.
However, this doesn’t mean that you can’t file for Power of Attorney once dementia has set in. It is possible, though a little more complicated. Filing after cognitive decline has progressed involves a few important steps:
- Obtaining a doctor’s statement or medical affidavit confirming your loved one’s condition and level of cognitive function. This document is crucial for proving the necessity of establishing the document.
- Consulting with a legal professional who specializes in elder law or dementia care. This expert can provide guidance on the necessary steps and documents required.
- Selecting the right type of Power of Attorney, as each type offers different levels of control and areas of decision-making authority.
- Choosing the right person to act as Power of Attorney for your loved one.
It’s important to act quickly when dementia is involved. However, you should always speak with a legal professional before making any decisions—especially a lawyer who specializes in elder law or dementia care. They’ll be able to make this process significantly easier.
Dementia Care in Orchard Park
If you have a loved one living with dementia and you’re looking for a community where they can receive proper care, contact our team at Orchard Park Memory Care. Our team of experienced caregivers can manage your loved one’s condition. We’re here for you and your family, so schedule a tour with us today!
