![]() Make sure you understand your state's laws.Ī power of attorney for health care allows a person with dementia to name a health care agent to make health care decisions when he or she is no longer able. The agent is responsible for acting according to the principal's wishes and in the person's best interest.Ĭouples who are not in legally recognized relationships are especially vulnerable to limitations in making decisions for each other, and may be unable to obtain information about a partner's health status if legal documents are not completed. Once the principal is unable to make decisions, the agent is then authorized to manage the principal's income and assets. Power of attorney does not give the agent the authority to override the principal's decision-making until the person with dementia no longer has legal capacity. The person living with dementia maintains the right to make his or her own decisions as long as he or she has legal capacity. Power of attorney documents should be written so that they are “durable,” meaning they are valid even after the principal is incapacitated and can no longer make his or her own decisions. In addition, a successor agent or agents should be named in the event the original agent is unavailable or unwilling to serve. ![]() The agent should be chosen carefully it is recommended that this individual have a thorough conversation with the principal about what the responsibility entails. The power of attorney document allows a person with dementia (called the principal) to name another individual (called an attorney-in-fact or agent), usually a spouse, domestic partner, trusted family member or friend, to make financial and other decisions when the person with dementia is no longer able. While preparing these documents can be stressful, not having them can create problems such as uncertainty about who can make decisions or somebody making a decision that the person living with dementia would not want. ![]() As long as the person living with dementia has legal capacity (the ability to understand and appreciate the consequences of his or her actions) he or she should take part in legal planning. ![]()
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