A Power of Attorney is a legal document which names a person or persons to act on your behalf when you are no longer able to. These Power of Attorney documents give your agent the legal authority to do financial planning, place you in a long-term care facility, and create estate planning documents on your behalf. There are two types of Powers of Attorney – Durable (Financial) and Healthcare. The Durable Power of Attorney deals with financial affairs and allows your agent to make financial decisions on your behalf. The Healthcare Power of Attorney allows your agent to make healthcare decisions on your behalf. Many people choose to name their adult children as their agents, however, you can name any person you choose, as long as they are over 18.
When a person receives a diagnosis of Alzheimer’s disease or diagnosis of dementia, they may still be able to sign Powers of Attorney documents. In early stages of dementia, patients are usually able to recognize their loved ones and determine who they would like to make decisions later on.
However, if a person with a dementia diagnosis does not have these papers in place and no longer has the mental capacity to make their own decisions, their loved ones will have to go to court to get a guardianship and/or conservatorship in place. Similarly to Powers of Attorney, a conservator handles financial affairs and a guardian handles medical decisions. However, conservators and guardians are closely supervised by the Probate Court and must be represented by an attorney, which can become costly. Legal capacity to make important decisions is usually assessed by a health care provider.
It is important to consult an elder law attorney for legal advice when making plans for end-of-life care. Attorneys can create Powers of Attorney documents, as well as other important legal documents like a living trust, living will (also known as an advance directive or healthcare directive) and a Last Will and Testament.