When an elderly parent with dementia can no longer make personal decisions, the Power of Attorney can be a valuable tool. This article gives you the power to make decisions on behalf of your parent that will help protect their assets in most cases and provide them with peace of mind in the future.
Mental Capacity Act
Let’s get down to business
This act sets out the conditions that must be met to give Power of Attorney. One requirement is that your parent can no longer make decisions for themselves and requires a guardian, such as a family member or care provider.
You will also need to have their consent which you should document with them signing the power of attorney agreement in front of two witnesses.
This is the Law that enables a person with Power of Attorney to make decisions for their parent. Therefore, it’s essential to know how this piece of legislation works, as it dictates who can be appointed and what they can do on behalf of your loved one.
Let me show you
- Mentally disabled people cannot grant Power of Attorney because they lack the capacity required under Law.
- The mentally capable individual must have the mental capacity necessary to execute an agreement or understanding – which means there has been no change from before when you had power over them.
- The only ones with the right Mental Capacity Act are those aged 16 years or older who can understand at least so far as “to take up and carry on negotiations.” Those whose mind is impaired by mental disability, intoxication or otherwise cannot create a Power of Attorney and will need legal assistance.
- The power given by the document is limited in that it can only be used for specific purposes. Thus, it does not allow an agent to make decisions about medical care because this falls under Act 1995.
- This act applies where someone who has the capacity wants somebody else to make legal decisions for them. For example, they can appoint someone else, called an agent or attorney-in-fact, as their legal representative by signing a document in front of two witnesses.
- This is often used where the person does not have the capacity and needs somebody to take care of some financial or personal matters on their behalf, such as paying bills, dealing with their property, or making decisions about where they should live.
What is a Lasting Power of Attorney?
A Power of Attorney is a document that grants someone else the power to make decisions for another individual.
Let me explain,
For example, a Lasting Power of Attorney (LPA) can allow you, as an agent or attorney-in-fact, to manage and take care of your loved one’s financial affairs if they are unable to do so themselves; it allows them more control over their own life even though they may be physically disabled.
As a parent with dementia begins to lose the cognitive ability, it becomes unclear who should act on behalf of a child’s best interests: typically, this would have been the parents when they were mentally competent, but now there will need to be some intervention for both parties’ rights and wishes to be respected.
If you are the parent of a person in the early stages of dementia, it is essential to take steps early on for your child or children not to be left without appropriate representation and care. This can be done through the use of the Powers of Attorney, which will allow them some legal protection, so they don’t have to go to Court for every decision.
Property and financial affairs power of attorney
In this type of Power of Attorney, an individual will grant another the ability to take care of their property and financial affairs. This includes signing checks for them or paying bills if they can no longer do so themselves.
Personal welfare powers
With personal welfare Power of Attorney, one can appoint someone else as a guardian who has authority over ills and Trusts Power of Attorney: With this type of Power of Attorney, one can nominate someone to be their executor or trustee. This is a legal document that will ensure the person’s wishes are carried out if they become incapacitated somehow.
Health and welfare power of attorney
With this Power of Attorney, one can grant another the power to make health care decisions if they cannot do so themselves.
Book an Appointment With a Power of Attorney Specialist
If you’re interested in any of the Powers of Attorney options and want to learn more, it’s best to set an appointment with a specialist.
- It can help make arrangements for one’s care if one is incapacitated or disabled.
- One can designate someone else as their power of attorney, which will allow them to make decisions on the incapacitated person’s behalf.
- If one becomes incapacitated, they can appoint another Power of Attorney by signing a power of attorney document.
- A designated Power of Attorney will have limited powers and cannot do anything without approval from an executor or trustee.
What About Married Couples?
Married couples should have a Power of Attorney for each other, which will allow the team to appoint one another as executors or trustees. Without this document, it may be challenging to make decisions on behalf of your spouse if they are not there themselves.
If a spouse or significant other is also incapacitated, the person with Power of Attorney can appoint themselves as their guardian and get both types of Power of Attorneys. This will ensure that they have authority over their partner’s health care decisions if necessary.
The Role of the Court of Protection
The Court of Protection is at the heart of English and Welsh mental health law. It does not matter if you are physically well but cannot make decisions about your affairs – for example, because you have dementia; want someone else to manage your finances; need help with medical decisions; are at risk of being taken abroad against your will.
A court order is required to make someone your attorney for property and financial affairs, attorneyship, or welfare attorney. The appointment can be made by applying in person to the Court of Protection with a certificate from a qualified medical practitioner if you lack mental capacity or without any such evidence of Attorney for Elderly Parents With Dementia.
Power of Attorney Cost
The fee for applying to the Court of Protection is £600.00
There are other fees that you will need to pay if your application is successful.
The Bankruptcy Act requires a fee for the Power of Attorney certificate (which usually includes a certified copy) of £19.25 and an annual fee for continuing legal supervision.
But here’s the good news:
The Power of Attorney certificate will be sent to you by post when your application has been approved, and the Court is satisfied that it should grant you a power of attorney for property and financial affairs, attorneyship, or welfare attorney.
The Registration Process of a Power of Attorney
A guardian can be appointed by a family member or other close friend who will legally act on your behalf with limited legal authority if you cannot make certain wise decisions or bind business transactions.
Determine what type of Power of Attorney document is needed to grant someone legal authority over financial and property decisions on behalf without requiring another permission (guardian, agent)
What Happens After Death?
Anyone appointed a Power of Attorney must know what happens after death before granting one: The person under this type of administration loses their legal authority when an event occurs, such as a natural disaster or injury from which he/she does not recover. In addition, as with other types of agency arrangements (e.g., legal guardianship or trusteeship), the Power of Attorney ceases to exist upon its termination, so power-of-attorney holders must know when they are no longer able to act on behalf of their ward.
How Do You Get Power of Attorney for Elderly Parents?
To get a Power of Attorney for an elderly parent with dementia, you can first have the loved one sign a document confirming the appointment. By signing this document, your loved one is generally giving up control over his/her assets and finances to another person who will be determining all financial and legal decisions in their stead. Once they have signed the document, they must also sign a Declaration of Trust or Power Agreement. This agreement states what each party will perform duties and how often they are to execute these duties.
The person appointed as the power-of-attorney holder for elderly parents with dementia should then complete all necessary legal documents, such as an Affidavit of Durable Power of Attorney and a Declaration of Trust. You will also need to make sure that your loved one is registered with the National Do Not Call registry.
What to Do if a Parent With Dementia Refuses Help?
Reach out to their doctor or the Alzheimer’s Association.
Encourage them, but be mindful of boundaries and allow for time-outs when they want privacy.
Remember that it can take a long time before an older person with dementia will consent to help; you might have success just by being there as much as possible
What Rights Does Power of Attorney Give You?
Power of Attorney gives you the ability to make financial and legal decisions for an elder with dementia. It also gives you the ability to monitor an elder’s finances and make sure they are cared for.
Power of Attorney allows elderly parents with dementia to stay in their home instead of a nursing facility or assisted living if necessary, where they will be more comfortable and have people who know them well around. This can also be used to ensure that your loved one is getting the care they need, such as providing doctor visits are scheduled and helping them fill out paperwork.
What Legal Documents Do I Need for Elderly Parents?
- Power of Attorney for Elderly Parents With Dementia
- Living Will or Advanced Directive
- Medical documents
- Trust documents, if necessary.
That was just the beginning,
Power of Attorney holders must know what happens after death before granting one. If a person under this type of administration loses their legal authority when an event occurs, such as a natural disaster or injury from which he/she does not recover, then a power of attorney ceases to exist upon its termination, and the person no longer has a legal guardian.
No matter what type of Power of Attorney one grants to another, it is essential that this document be carefully reviewed with an elder law attorney to make sure all bases are covered and no unforeseen problems arise from granting such power.