How to Obtain Power of Attorney for an Alzheimer's Patient
Alzheimer's disease is a progressively debilitating disorder of the brain. Because of the destruction of brain cells as the disease progresses, memory, thinking ability, judgment and communication skills are lost. A patient with Alzheimer's disease needs to execute a durable power of attorney, a legal document. The patient with Alzheimer's disease legally authorizes another person, who is called the agent, to take actions for him. A financial power of attorney lets your agent make decisions having to do with your money and property. A health care power of attorney lets your agent make choices about your health care needs. A power of attorney manages your affairs when you can no longer do so. It costs less and provides more privacy than a guardianship.
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Instructions
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Act as early in the disease process as possible so that the patient with Alzheimer's disease still has the capacity to understand the meaning of the documents. He loses his right to appoint a power of attorney when he is deemed incompetent. In a study published in the Age and Aging Journal in 2007, volume 37 pages 527-531, a MMSE (mini-mental status exam) score should be at least 18 out of 30 to be considered competent to execute a power of attorney. This may not be the only tool used to determine mental competency.
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Execute a durable power of attorney because when the patient with Alzheimer's disease loses mental capacity, the durable power of attorney remains intact. Without a durable power of attorney, family members must to go to court to have a guardian or conservator appointed over the assets. This is costly and time consuming. Each state has specific requirements for making a power of attorney durable.
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Consult an Elder Law attorney. He will be able to aid you and counsel you in the matter of executing a power of attorney. He can draw up the legal documents for you.
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Choose an alternate agent. This is a good idea in case the first choice is unavailable.
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Determine which power of attorney the patient with Alzheimer's disease needs. Most likely he will need both. Let the patient who has Alzheimer's disease decide who he wants to handle his financial affairs. Allow him to choose which person will be in charge of medical decisions.
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Have the patient with Alzheimer's disease review and sign each power of attorney. Have the agents sign as well.
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Invoke the medical power of attorney, sometimes referred to as the "health care proxy," when the patient with Alzheimer's disease is no longer competent to make sound decisions. It could also be called a "durable power of attorney for health care." Invocation means that the agent will now make medical or financial decisions for the patient with Alzheimer's disease.
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Tips & Warnings
Make sure the power of attorney agent knows the wishes of the patient with Alzheimer's disease.
A power of attorney agent must be at least 18 years old.
Do not allow durable power of attorney agent to abuse their power.
