**Updating Legal Records to Reflect a Relative’s Changing Capacity Due to Dementia**
As a family member, it can be challenging to see a loved one struggling with dementia. This condition not only affects the person with dementia but also impacts the entire family. One crucial step in managing a relative’s affairs is updating their legal records to reflect their changing capacity. Here’s a simple guide to help you through this process.
### What is Power of Attorney?
Power of Attorney (POA) is a legal document that allows someone you trust to make decisions on your behalf. This can include financial, medical, and daily care decisions. For people with dementia, a POA is essential to ensure that their affairs are managed smoothly and according to their wishes.
### Types of Power of Attorney
There are several types of POAs, but the most common ones for families considering Medicaid are:
– **Durable Power of Attorney (DPOA):** This type of POA is effective immediately and gives the agent decision-making power after the principal has become mentally or physically incapacitated. It’s crucial to create a DPOA while the senior is still healthy to avoid any legal complications[3].
– **Springing Power of Attorney:** This type of POA “springs” into effect under certain conditions, such as worsening Alzheimer’s. However, it must have been created while the elder was still deemed competent. Some states, like Florida, do not allow springing POAs[3].
### When to Update Legal Records
It’s never too soon to create a POA. Even if your relative is still healthy, it’s wise to have this document in place. This ensures that if their health fails rapidly and they are unable to make decisions, someone they trust can step in and manage their affairs[3].
### Who Can Be an Attorney?
The person you choose to be your attorney should be someone you completely trust. This is usually a close family member, but professionals like solicitors and accountants can also be given this responsibility. However, keep in mind that professionals will charge for their time, and their involvement may increase costs as dementia progresses[1].
### Steps to Update Legal Records
1. **Choose an Attorney:** Select someone you trust to manage your relative’s affairs. This could be a family member or a professional.
2. **Create a Durable Power of Attorney:** Draft a DPOA document that grants the attorney the necessary powers. This document should be signed by the principal (the person with dementia) while they are still competent.
3. **Notarize the Document:** Ensure the document is notarized to make it legally binding.
4. **Store the Document Safely:** Keep the original document in a safe place, such as a fireproof safe or with a trusted attorney. Make sure to inform the relevant parties, like banks and healthcare providers, about the existence of the POA.
5. **Review and Update Regularly:** As dementia progresses, the POA may need to be updated. Regularly review the document to ensure it still reflects the wishes of the principal.
### Importance of Updating Legal Records
Updating legal records is crucial for several reasons:
– **Avoiding Guardianship:** If a POA is not in place, family members may have to go to court to establish legal guardianship. This can be a lengthy and expensive process[3].
– **Managing Medicaid:** Having a POA in place ensures that the agent can collect necessary financial and medical documents to complete the Medicaid application, which is critical for long-term care planning[3].
– **Ensuring Wishes Are Respected:** A POA ensures that the person with dementia’s wishes are respected and their affairs are managed according to their preferences.
### Conclusion
Updating legal records to reflect a relative’s changing capacity due to dementia is a vital step in ensuring their well-being and peace of mind. By creating a Durable Power of Attorney and choosing a trusted attorney, you can help manage
