jhawk1050, are you asking if person A who is holding a Power of Attorney for someone else, person B, that person A has developed dementia? If that is the case, then person B who had assigned this person, person A, to be POA need to assign someone else. That is if person B is still of clear mind.
Is it a standing or springing POA. Standing, good at any time, incapacity is not necessary. Springing, becomes valid upon declaration, usually by two doctors, of incapacity.
so my mom and dad both had dementia. dad worse than mom. mom was still able to understand and comprehend, plus she could say what she wanted to the attorney.
they had POA completed thru their attorney years back.
so because my dad was getting worse, we took him to attorney and he agreed to sign off his rights to his spouse (my mom)...and my dad still knew he signed off. of course maybe 5 minutes later he forgot he even went to attorney.
next my mom had medical issues that made it impossible for her to care for my dad.
so then my mom agreed to release the POA to me.
there are two people after my name. so if I chose to or if I died etc. then next person is another family member etc.
all those things happened very quick. one minute theyre at home doing their own thing - next thing theyre both in assisted living. and me in charge of a truck load.
they had POA completed thru their attorney years back.
so because my dad was getting worse, we took him to attorney and he agreed to sign off his rights to his spouse (my mom)...and my dad still knew he signed off. of course maybe 5 minutes later he forgot he even went to attorney.
next my mom had medical issues that made it impossible for her to care for my dad.
so then my mom agreed to release the POA to me.
there are two people after my name. so if I chose to or if I died etc.
then next person is another family member etc.
all those things happened very quick. one minute theyre at home doing their own thing - next thing theyre both in assisted living. and me in charge of a truck load.