Understanding how to update a relative’s power of attorney after a dementia diagnosis
Stethoscope and clip board on the doctor workplace close up

Understanding how to update a relative’s power of attorney after a dementia diagnosis

**Updating a Relative’s Power of Attorney After a Dementia Diagnosis: A Simple Guide**

When a family member is diagnosed with dementia, it’s crucial to update their power of attorney (POA) to ensure their financial and medical decisions are made by someone they trust. Here’s a step-by-step guide to help you understand and update their POA.

### Why Update the POA?

A POA is a legal document that gives someone the authority to make decisions on behalf of another person. If your relative has dementia, they might not be able to make their own decisions. Without a valid POA, the state might take control of their affairs, which could lead to decisions that don’t align with their wishes.

### Types of POAs

There are two main types of POAs: Durable Power of Attorney (DPOA) and Springing Power of Attorney (SPOA).

– **Durable Power of Attorney (DPOA):** This type of POA is effective immediately and gives the agent decision-making power even if the principal becomes mentally or physically incapacitated. It’s the most common type used for Medicaid planning.

– **Springing Power of Attorney (SPOA):** This type of POA only becomes effective under specific conditions, such as worsening dementia. However, not all states allow SPOAs, so it’s essential to check your state’s laws.

### Steps to Update the POA

1. **Consult a Lawyer:**
– It’s highly recommended to consult with a lawyer who specializes in elder law. They can help you understand the specific laws in your state and ensure the document is valid and effective.

2. **Choose the Right Agent:**
– Select someone you trust who understands your relative’s wishes and values. This could be a family member, close friend, or professional caregiver.

3. **Document Wishes:**
– Before creating the POA, have open and honest conversations with your relative about their wishes regarding care, finances, and living arrangements. Document these conversations to avoid misunderstandings later.

4. **Include Specific Instructions:**
– Specify what decisions you want the agent to make and under what conditions. For example, you might want to include instructions about moving into a nursing home or managing financial resources.

5. **Get Medical Certifications:**
– Most POA documents require certification from two physicians stating that the principal is mentally incapacitated. This ensures that the agent can assume their responsibilities.

6. **Review and Update Regularly:**
– As dementia progresses, the POA might need to be updated. Regularly review the document with your relative and their agent to ensure it still reflects their wishes.

7. **Protect Against Abuse:**
– Include protections in the document to prevent abuse, such as requiring the attorney who created the document and specific individuals to be contacted before any changes are made.

### Additional Tips

– **Document Changes:** Keep records of any changes in your relative’s daily activities and memory loss. This documentation can help in planning and ensuring that their wishes are carried out.

– **Work Together:** If multiple family members are appointed as agents, working together can help avoid conflicts and ensure a smooth care plan.

– **Be Aware of State Laws:** Different states have different laws regarding POAs. Make sure you understand the specific laws in your state to avoid any issues.

By following these steps and consulting with a lawyer, you can ensure that your relative’s POA is updated correctly and that their wishes are respected as dementia progresses. This will help protect them from potential abuse and ensure they receive the care they need.