Find Senior Care (City or Zip)
Join Now Log In
R
ruger911 Asked November 2013

Can the POA be changed when the elderly person has been diagnosed with Alzheimer's?

and dementia

Stressed52 Nov 2013
Jeanne is right it does depend on the mental capacity of a person. My mother had been diagnosed with dementia, but it was very early and she realized there was a problem and it was going to get worse. I took her to an attorney to have her Trust updated after my father's death and at that time was given her DPOA because I took care of her and had cared for my father prior to his death.

The attorney asked me to leave the room and he spoke to her in private and recorded everything to make sure she understood what she was doing and was not being forced.

The person needs to be competent and understand what they are doing, if they are no longer competent, then it cannot be changed. If you want it changed you have to seek guardianship, which I was also given by my mother at the same time. This is a long and difficult process and can be expensive, so seek DPOA early on.

jeannegibbs Nov 2013
It depends on the person's exact mental capacity. Many persons are fully competent to handle this kind of transaction in early stage dementia. Can this person understand the concept of naming someone to act in their behalf? Can they understand the consequences of changing the POA?

Here is our expert's take on what is needed:
https://www.agingcare.com/articles/elder-cant-sign-will-trust-power-of-attorney-153521.htm

ADVERTISEMENT


assandache7 Nov 2013
Ethically/legally it shouldn't but unfortunately it happens all the time.

You can contact an attorney to find out what you can do about it. If it you who got taken of then call the original attorney...

ADVERTISEMENT

Ask a Question

Subscribe to
Our Newsletter