Can a Person with Alzheimer’s Change Their Power of Attorney?

Understanding Alzheimer’s Disease and Legal Capacity

Alzheimer’s disease is a progressive neurological disorder that impairs memory, cognitive function, and the ability to perform daily tasks. As the disease progresses, a person may lose their ability to make informed decisions and handle their affairs. In such cases, establishing a power of attorney is often essential to ensure their well-being and protect their interests. A power of attorney is a legal document that allows a person (the principal) to designate someone else (the agent) to make decisions on their behalf. To execute a valid power of attorney, the principal must have the legal capacity to understand the implications and consequences of their actions.

The Importance of Timing in Establishing a Power of Attorney

Timing is crucial when establishing a power of attorney for someone with Alzheimer’s. Ideally, the power of attorney should be created before the individual’s cognitive abilities significantly decline. If a person with Alzheimer’s has not yet lost their legal capacity, they can change their power of attorney. However, if they are deemed to lack the legal capacity to understand the consequences of their actions, they cannot change their power of attorney. A medical professional typically determines whether an individual has the necessary capacity to make legal decisions.

Challenging the Validity of a Power of Attorney

In some cases, a power of attorney created or modified by a person with Alzheimer’s may be challenged on the grounds of undue influence or incapacity.

Undue Influence

Undue influence occurs when a person exerts excessive pressure or manipulation to coerce someone into making a decision that benefits the influencer. If it can be proven that the agent in the power of attorney exerted undue influence on the person with Alzheimer’s, the power of attorney may be declared invalid.

Capacity Issues

If a person with Alzheimer’s is found to lack the legal capacity to understand the implications and consequences of their actions when establishing or changing a power of attorney, the document may be deemed invalid.

How Hess-Verdon & Associates Can Help

At Hess-Verdon & Associates, we understand the complexities of trust and probate litigation, and we’re committed to providing comprehensive, results-oriented legal counsel. With over three decades of experience in estate planning, business, and commercial litigation, we have the expertise to help you navigate these challenging situations. Whether you need assistance in establishing a power of attorney, contesting its validity, or seeking guidance on other estate planning matters, our team is here to support you. Call us today at 1-888-318-4430 to discuss your case and learn how our unparalleled estate planning expertise, dependability, and sophistication in trust and probate litigation can help you.
In conclusion, a person with Alzheimer’s can change their power of attorney if they still possess the legal capacity to do so. However, once they lack the capacity to understand the consequences of their actions, they cannot make changes to their power of attorney. It’s essential to establish or modify a power of attorney as early as possible to avoid potential challenges and complications.

Frequently Asked Questions

1. What is the role of a power of attorney in Alzheimer’s care? A power of attorney plays a crucial role in ensuring the well-being of a person with Alzheimer’s by allowing a designated agent to make decisions on their behalf, including financial and healthcare decisions.
2. How is legal capacity determined for a person with Alzheimer’s? A medical professional, typically a neurologist or psychiatrist, evaluates the individual to determine if they have the legal capacity to make informed decisions and execute a power of attorney.
3. Can a power of attorney be contested after the principal’s death? Yes, a power of attorney can be contested after the principal’s death if there is evidence of undue influence or incapacity at the time of its execution.
4. What is the difference between a general power of attorney and a durable power of attorney? A general power of attorney becomes invalid once the principal becomes incapacitated, while a durable power of attorney remains in effect even after the principal loses their capacity to make decisions.
5. What should I do if I suspect undue influence or incapacity in the creation of a power of attorney? If you suspect undue influence or incapacity in the creation of a power of attorney, it’s essential to consult with an experienced trust and probate litigation attorney to assess your case and determine the appropriate course of action.