**Transitioning Legal Authority Among Family Members When One is Affected by Alzheimer’s**
When someone in your family is diagnosed with Alzheimer’s, it can be a challenging and emotional time. As the disease progresses, the person may lose the ability to make their own decisions, which can lead to a need for someone else to take over their legal authority. This process is called transitioning legal authority, and it’s crucial to do it in a way that respects the person’s wishes and ensures their well-being.
### Understanding Power of Attorney
A Power of Attorney (POA) is a legal document that gives someone the authority to act on behalf of another person. This document is essential for people with Alzheimer’s because it allows a trusted family member or friend to make decisions about their finances, health care, and other important matters.
There are two main types of POAs: **Medical Power of Attorney** and **Financial Power of Attorney**. A Medical Power of Attorney gives the agent the right to make health care decisions, such as choosing a nursing home or deciding on medical treatments. A Financial Power of Attorney allows the agent to manage the person’s financial affairs, including paying bills and managing bank accounts.
### Creating a Durable Power of Attorney
A Durable Power of Attorney (DPOA) is a type of POA that remains effective even if the person becomes incapacitated. This means that the agent can continue to make decisions on behalf of the person with Alzheimer’s, even if they can no longer communicate their wishes.
Creating a DPOA is important because it ensures that the person’s affairs are managed by someone they trust. It also helps avoid costly and time-consuming court proceedings, known as conservatorships, which can be necessary if no POA is in place.
### Choosing the Right Agent
Choosing the right agent is crucial. The agent should be someone who knows the person well and can make decisions that align with their values and wishes. It’s also important to choose an agent who is capable of handling the responsibilities of managing finances and making health care decisions.
### What Happens if No POA is in Place?
If no POA is in place, the state will typically take over the management of the person’s affairs. This can lead to decisions being made by strangers who may not know the person’s wishes or values. For example, the state might decide to sell the person’s home to pay for their care, which could be against their wishes.
### Transitioning Legal Authority
Transitioning legal authority involves ensuring that the person with Alzheimer’s has a valid POA in place. This document should be created while the person is still capable of understanding its implications. It’s also important to review and update the POA periodically to ensure it remains relevant and effective.
If the person with Alzheimer’s becomes incapacitated and there is no valid POA, family members may need to seek guardianship through a court order. This process can be lengthy and expensive, and it may not always result in decisions that align with the person’s original wishes.
### Protecting Against Abuse
People with Alzheimer’s are often vulnerable to abuse, especially in nursing homes. Having a valid POA in place can help protect them from mistreatment by ensuring that a trusted family member or friend is making decisions on their behalf.
### Conclusion
Transitioning legal authority among family members when one is affected by Alzheimer’s is a critical step in ensuring their well-being and respecting their wishes. By creating a valid DPOA and choosing the right agent, families can avoid costly and time-consuming court proceedings and ensure that their loved one receives the care they need. It’s never too early to start planning, and it’s always better to be prepared for the future.
