How Do I Get POA Over an Elderly Parent with Dementia?

If you have aging parents, you know that they may face a range of health complications. Unfortunately, if a parent has been diagnosed with dementia, they will likely experience a continued loss of memory and a deterioration of other mental functions as the disease progresses. To ensure that your parents’ affairs are managed, you or another family member will need to get a power of attorney (POA) so that you can make important financial and medical decisions when your parents can no longer do so. An estate planning lawyer can address your questions and concerns about getting a POA and assist you with every step of the legal process.

What Is a POA?

A POA is a legal document that allows a person with dementia to name a trusted family member and make important financial, medical, and other important decisions for them when they are no longer capable. As painful as this decision is, it is important that a POA be named as quickly as possible for your parents and your other family members. To form a legitimate POA, your parent with dementia must be able to comprehend what they are signing. You will also need a note from a physician who will certify that your parent comprehends what they are signing. This is why it is important to establish POA before your parent’s memory and overall health start declining.

What Are the Different Types of POAs?

Depending on the medical and financial needs of your parent who has dementia, there are different types of POA that you may want to consider, including the following:

  • General POA: This allows you to act on your parent’s behalf and help manage their affairs as the dementia progresses. Responsibilities of a general POA include signing documents, opening or closing bank accounts or withdrawing funds, trading or selling stock, paying bills, buying or selling property or real estate, and entering contracts for utilities and services.
  • Limited POA: This allows you to make certain decisions about specific matters specified in the document. For example, you may be granted permission to oversee the sale of your parent’s house, but you may not be in charge of managing the money made from the sale.
  • Springing POA: This document is executed in advance but does not go into effect until your parent receives a declaration of incapacity. Declaring a patient incapacitated can be difficult and costly, so this option is often subject to legal conflicts.
  • Durable POA: This allows you to make decisions for your parent upon signing and stays in effect until your parent passes away. You will be able to make decisions that are in your parent’s best interests as their dementia progresses.

Who Can Have the POA?

The person selected to have the POA is called the agent, and the person granting the POA – or your parent with dementia – is called the principal or the grantor. The selected person must be a trustworthy adult with the patient’s best interests at heart and willing and able to make difficult and complex medical and financial decisions on behalf of their parent with dementia. In some cases, families may split the POA responsibilities so that one person does not have to make all the decisions affecting their aging parents. For example, two siblings may divide the duties, with one person responsible for healthcare-related decisions and the other in charge of financial decisions. In this case, there would be two Powers of Attorney. However, remember that the POA does not give the agent the right to override the principal’s decisions if they still have legal capacity.

How Do I Get a POA If My Parent No Longer Has the Capacity to Sign?

If your parent’s dementia has progressed, and they no longer have the capacity to make important decisions, they cannot sign a POA. If you cannot give yourself a POA because your parents cannot legally sign the document, you may want to consider a conservatorship. This will allow you to serve as a POA agent. However, this legal process can be time-consuming and expensive, and obtaining a POA is much preferred.

What Is the Process of Getting a POA in New Jersey?

If your parent has been diagnosed with Alzheimer’s or any other form of dementia, and you want to get POA to ensure that their best interests are protected, you will need to take the following steps:

  • Understand the different types of POAs recognized in New Jersey. Choose the one that best meets your and your parent’s needs.
  • Discuss the need for a POA with your parent. While this is a delicate conversation to have, it is important to discuss the matter with your parent before the dementia progresses too far. Reassure them that you will respect their wishes and protect their best interests.
  • Select an agent. This should be someone trustworthy who understands your parent’s wishes and will make decisions based on their best interests. This is usually a family member, a close friend, or an attorney.
  • Prepare the POA document. An estate planning lawyer will draft a POA document that clearly describes your responsibilities when your powers begin and if there are any limitations that you should be aware of.
  • Your parent must sign the POA in the presence of a notary public, with two adult witnesses present who are not the agent or the notary.
  • The POA document should be stored in a safe place.

The Somerville Estate Planning Lawyers at Lyons & Associates, P.C. Assist Clients with Getting a POA

If you have a parent who has been diagnosed with dementia and you want to get a POA, do not hesitate to contact the Somerville estate planning lawyers at Lyons & Associates, P.C. Our compassionate legal team will assist you with this process. To schedule a free, confidential consultation, call us today at 908-575-9777 or contact us online. Located in Somerville, Morristown, and Freehold, New Jersey, we serve clients throughout Somerset, Woodbridge, Morristown, Parsippany, Rockaway, Short Hills, Chatham, Randolph, Madison, Morris Plains, and Monmouth County.