Can a person with dementia change their power of attorney?
Dementia is a complex condition that affects millions of people worldwide. It is characterized by a gradual decline in cognitive function, which can lead to difficulties in daily activities, memory loss, and changes in behavior. One of the most critical decisions a person with dementia may face is the appointment of a power of attorney. This legal document grants someone the authority to make important decisions on their behalf if they become unable to do so. However, the question arises: can a person with dementia change their power of attorney?
Understanding Power of Attorney
A power of attorney is a legal document that allows an individual to appoint someone else, known as an attorney or agent, to make decisions on their behalf. There are two types of power of attorney: durable and non-durable. A durable power of attorney remains effective even if the principal becomes incapacitated, while a non-durable power of attorney expires if the principal becomes incapacitated.
When a person is diagnosed with dementia, they may still have the capacity to make decisions, including changing their power of attorney. However, as the disease progresses, the person’s capacity to make informed decisions may decline. This raises the question of whether a person with dementia can still change their power of attorney and what factors should be considered.
Capacity to Change Power of Attorney
The capacity to change a power of attorney depends on the individual’s mental state and ability to understand the implications of their decision. In many jurisdictions, a person must have the capacity to make decisions regarding their own legal, financial, and health matters. This capacity is typically assessed by a medical professional, such as a doctor or psychologist, who evaluates the person’s cognitive function and ability to understand the nature and consequences of their actions.
If a person with dementia has the capacity to understand the importance of changing their power of attorney, they can do so. However, if their capacity is diminished, it may be necessary for a court to appoint a guardian or conservator to make decisions on their behalf. In such cases, the court will consider the best interests of the person with dementia and may deny the request to change the power of attorney if it is not in their best interest.
Legal Considerations
When a person with dementia is considering changing their power of attorney, it is crucial to consult with a legal professional. They can provide guidance on the specific requirements and procedures for changing the document, as well as ensure that the person’s wishes are properly documented and legally binding.
It is also essential to involve the proposed attorney or agent in the process. They should be made aware of the person’s decision and understand the responsibilities and potential challenges that come with the role. This ensures that the person with dementia is comfortable with their choice and that the attorney or agent is prepared to act in their best interest.
Conclusion
In conclusion, a person with dementia can change their power of attorney if they have the capacity to understand the implications of their decision. However, as the disease progresses, it may become necessary for a court to appoint a guardian or conservator to make decisions on their behalf. It is crucial for individuals with dementia to consult with legal and medical professionals to ensure their wishes are respected and their best interests are protected.
