Can a Person with Dementia Change Their Power of Attorney?

Understanding Power of Attorney

Before delving into the main question, it’s essential first to comprehend what power of attorney entails.

Definition of Power of Attorney

A power of attorney is a legal document that allows a person (the principal) to appoint another person (the agent) to make decisions on their behalf should they become unable to do so themselves.

Types of Power of Attorney

There are several types of power of attorney, including general, limited, and durable power of attorney. The type needed often depends on the specific situation and requirements of the principal.

Dementia and Legal Capacity

When dementia comes into the picture, the situation becomes more complex.

Defining Dementia

Dementia is a term that encompasses various conditions affecting cognitive abilities in a way that interferes with daily life. Alzheimer’s disease is the most common form.

How Dementia Affects Legal Capacity

Dementia can affect a person’s ability to understand and make rational decisions, impacting their legal capacity. However, the diagnosis of dementia does not automatically equate to incapacity.

Can a Person with Dementia Change Their Power of Attorney?

Now, to answer the primary question: can a person with dementia change their power of attorney? The answer is not straightforward. It largely depends on whether the individual retains sufficient mental capacity to understand the implications of such a decision.

The Role of Hess-Verdon & Associates in Power of Attorney Changes

At Hess-Verdon & Associates, we have over three decades of experience dealing with complex estate planning, business, and commercial litigation. We deliver comprehensive, results-oriented legal counsel to trustees, beneficiaries, business entities, and real estate partners. Our expertise in trial preparation, strategy, and presentation, coupled with our dependability and sophistication in trust and probate litigation, makes us a top choice for handling matters of power of attorney changes, particularly in cases involving dementia. Call us today at 1-888-318-4430 for guidance.

FAQ

Can a person with Alzheimer’s change their power of attorney? The ability to change a power of attorney depends on the individual’s mental capacity. If the person with Alzheimer’s still possesses the legal capacity to understand and make decisions, they may be able to change their power of attorney.

How is capacity determined for the change of power of attorney? Capacity assessment varies by jurisdiction. Generally, it involves evaluating the person’s understanding of the consequences and nature of their decision. Medical professionals or legal authorities may assess capacity.

Can a family member change the power of attorney if they believe the person is mentally incapable? If a family member believes the person is mentally incapable, they may need to involve legal processes to challenge the existing power of attorney. This typically involves presenting evidence of the person’s incapacity and seeking a legal determination.

What can you do if you believe the power of attorney was changed while the person was incapacitated? If you suspect the power of attorney was changed while the person was incapacitated, you may consider consulting with a legal professional specializing in elder law or estate planning. They can assess the situation, review relevant documents, and advise you on potential legal actions.

How can Hess-Verdon & Associates assist in a power of attorney dispute? Hess-Verdon & Associates is a law firm specializing in estate planning and trust litigation. They can provide legal representation, guidance, and expertise in power of attorney disputes, helping you navigate the legal process effectively.