**Modifying Power of Attorney Arrangements as Dementia Progresses**
As dementia progresses, it becomes increasingly important to have a power of attorney (POA) in place. This document gives a trusted person, known as the agent, the authority to make decisions on behalf of the person with dementia. However, as the condition worsens, it may be necessary to modify these arrangements to ensure the person’s needs are still met.
### Why Modify Power of Attorney?
1. **Loss of Decision-Making Capacity**: As dementia progresses, the person may lose the ability to make their own decisions. A POA helps ensure that someone can act on their behalf, but it may need to be adjusted as their condition changes.
2. **Changing Needs**: The person with dementia may require different types of care or financial management as their condition progresses. Modifying the POA can help address these changing needs.
3. **Preventing Abuse**: Unfortunately, people with dementia are at a higher risk of abuse. Having a POA in place and modifying it as necessary can help protect them from exploitation.
### Types of Power of Attorney
There are several types of POAs that can be used, depending on the situation:
1. **Durable Power of Attorney (DPOA)**: This type of POA remains effective even if the person with dementia becomes incapacitated. It is often used for both financial and healthcare decisions.
2. **Springing Power of Attorney**: This type of POA only comes into effect when the person with dementia becomes incapacitated. It is useful if the person wants to maintain control over their decisions as long as possible.
3. **Healthcare Power of Attorney**: This type of POA focuses specifically on healthcare decisions, such as choosing a nursing home or medical treatment.
### Steps to Modify Power of Attorney
Modifying a POA involves several steps:
1. **Assess Competency**: Before making any changes, it is crucial to assess the person’s competency. This involves evaluating their understanding of the document and their ability to make informed decisions.
2. **Seek Professional Evaluation**: If there are concerns about competency, a professional evaluation by a neuropsychologist or another qualified professional can provide an objective assessment.
3. **Consult with an Attorney**: An elder law attorney can help navigate the complexities of modifying a POA. They can ensure that all legal requirements are met and that the modifications align with the person’s wishes.
4. **Update the Document**: Once the necessary changes are decided, the POA document should be updated to reflect these modifications. This typically involves signing, dating, and notarizing the document according to state laws.
5. **Notify Relevant Parties**: After modifying the POA, it is essential to notify relevant parties such as financial institutions, healthcare providers, and family members.
### Importance of Early Planning
Establishing a POA early can simplify financial and logistical decisions, allowing caregivers to set up automatic bill payments and change billing addresses. It can also include strategies to reduce the need for the person to drive, which is often a significant concern as dementia progresses.
### Conclusion
Modifying power of attorney arrangements as dementia progresses is a critical step in ensuring the person’s needs are met. By understanding the different types of POAs and following the necessary steps to modify them, caregivers can provide better care and protection for their loved ones. Consulting with an elder law attorney and seeking professional evaluations can help navigate these complex decisions, ensuring that the person with dementia receives the best possible care.
