Can a power of attorney make changes to current power of attorney if the person who granted it has dementia?

Answer 1

That would depend on the cognitive ability of the patient. Some people with AD still retain the ability to comprehend such an issue. Others might be cognizant at the time the document is signed and deny later that they agreed. In many states if POA has not been validated before the diagnosis, a spouse or family member must apply for adult guardianship through probate court. Each state has specific laws concerning legal issues relating to persons who are mentally impaired. Consulting an attorney who specializes in Elder Law might be the best option.

Answer 2

Yes, provided the disease has not progressed to the point where the person is completely unable to understand what he/she is doing. Sometimes Alzheimers is diagnosed early on before a loss of cognitive function occurs. Even later on, there may be times when the person has the ability to know what the POA is and times when the person does not. (So-called good days and bad days) As long as the person understands what he or she is doing by giving a POA at the time it is signed, the appointment will be good.

Answer 3

If the disease is in the early stages you can consult an attorney who can help make the decision whether the person is still legally competent. A person in the advanced stages, who is not legally competent, cannot grant a power of attorney. In that case you must petition the court for appointment as their legal guardian.

Answer 4

Sure they can, depending on how far the Alzheimer's has gone while changing their will. If the Alzheimer is too far gone, and noticilbe to the point where they need at least 8 care for safety reason, then no matter what, the will is not valid because they weren't in right frame of mind.

Clarification

This is a difficult issue. Once the diagnosis has been made who is to decide if the person still has legal capacity. A person who has been diagnosed with Alzheimer's but still has legal capacity should consult with their attorney when contemplating changes to a will or POA. The changes should be drafted by the attorney in order to make them invulnerable to challenges later on. This is extremely important. The attorney can attest to the capacity of the testator at the time of the will or POA changes. Testamentary documents and Durable Powers-of attorney are important documents and an attorney will make certain those documents are properly drafted so as to carry out the wishes of the testator.

Answer 5

Yes, you can apply to the probate court in your county. They can provide the list of requirements and the necessary forms.

Answer 6

If a person has been determined that they can no longer think for themselves then they cannot sign any legal documents let alone a power of attorney form.

Answer 7

This depends on how bad the dementia is at the moment. The law in most states is that if a medical physician declares that the person can think for themselves, then they are able to sign.

Answer 8

No. A person must possess legal capacity to execute a POA. A person who has dementia lacks legal capacity. You must petition the court to be appointed the legal guardian.

Answer 9

Absolutely not.