Elder Care Attorneys have a series of questions they will ask to determine if someone is competent to make their own decisions. If your parent is, then the attorney can draw up the documents. If not, you will have to seek Guardianship through the Court in the County in which they reside. It's that simple.
Cwilli hit the nail on the head, POA/DPOA is not something you get for, or over someone, they are authorizations extended to you by the person asking you to take on the responsibility of carrying out their wishes and business. These can only be granted by a person who is competent enough to understand and choose someone to take that responsibility. If your mom parent or family has an attorney that has known them over the years, perhaps drew up their wills, this would be a good person to go to especially if there are some memory issues or thought process slowing down but most of the time they knew their own minds because someone who has met them before might feel more confident in judging if they are making up their own minds and using free will. It would be money well spent, at least it was for us.
If the parent's dementia is already affecting his/her ability to make important decisions, then the parent probably can't create powers of attorney and you will have to find another way to act for him/her. Guardianship is an option but can be expensive. What needs to be done on the parent's behalf?
How far along is the dementia? Has it been diagnosed formally? My MIL signed the PoA paperwork at the rehab facility. She had short-term memory issues but could totally understand what PoA was and what it meant and no one was pressuring her to sign it (there were multiple rehab staff there in the meeting.) At that same meeting her husband (my stepFIL) refused to sign and so we allowed the county to take guardianship of him (because he was relentlessly resistant to all help for his Parkinsons).
I agree. The thing about POAs that many come to the forum not understanding is that it isn't something you "get", it is an authority that is "given" by the principal (your parent).
From what I’ve read on this forum, a person has to be mentally competent to assign someone any version of a Power of Attorney. If your parent is well along on their dementia journey and wouldn’t understand what they’re signing, you’d have to investigate obtaining guardianship instead.
When I got POA for my mother, I went through Legal Zoom.
When I got POA for my mother, I went through Legal Zoom.