There is a power of attorney for someone with Alzheimer.
The article was written for people in the US.There are different rules and requirements for powers of attorney in other countries.If you are not living in the U.S., you need to consult the laws of your own jurisdiction.In the United States, with a power of attorney, a person names another person to act as theirattorney-in-fact.The attorney-in-fact can make decisions when the power of attorney is activated.As soon as it is signed, a power of attorney should be effective.The principal might have created a power of attorney that only comes into effect when certain conditions are met.The power of attorney can be activated if you read the document and meet a lawyer.
Step 1: Find the power of attorney.
You need to get a copy of the power of attorney.Try to find it by going through your papers.Check with the principal or their attorney if you don't have a copy.The principal lives in the county where the property records office is located.You can check there as well.
Step 2: Pick out the type of POA.
A power of attorney ceases when the person is no longer able to make their own decisions.Adurable power of attorney was created for this reason and continues after the person is no longer able to make their own decisions.Make sure the POA is durable by reading it.The POA is able to survive the principal's incapacity.The POA may not become effective until the principal is no longer around.
Step 3: The POA can be activated by checking how it works.
A power of attorney should be effective immediately.There is nothing to do in this situation.The power of attorney is effective when it is signed.A springing power of attorney should tell you how to use it.When you get the signatures of two doctors who certify that the principal can't make medical decisions, POAs can be activated.There are different POA's.One doctor and one psychologist may need to sign off on springing POAs.
Step 4: The person should be assessed for their mental abilities.
The mental powers of people with Alzheimer's disease decline slowly.It might be hard to tell when they are no longer able to make their own decisions.Being old, physically disabled, or eccentric aren't enough reasons to find a person incapable.
Step 5: You should meet an attorney.
It's helpful to get legal advice when you have to make a decision about a power of attorney.You will need a lawyer to help you understand the POA.You can schedule a meeting to discuss your questions.If you want to get independent legal advice, you should meet with your own lawyer.If you don't have a lawyer, you can get a referral by contacting your local or state bar association and asking for the name of an elder law attorney.
Step 6: If you want to schedule an appointment, you should.
Depending on the requirements of the POA, you should schedule an appointment with more than one doctor.The doctor who should assess the principal is identified by some POAs.If a specific doctor is identified, read the POA.If the principal is a relative or beneficiary, you shouldn't have a doctor or other professional examine him.
Step 7: Take the person to the appointment.
The doctor will ask the principal questions.The doctor looks at the person's judgement, memory, and cognitive ability.The principal's understanding of what a doctor is telling them and the consequences of their decisions will be evaluated by the doctor.The principal can make decisions based on the information presented.The principal can communicate clearly.The principal does not need to speak.They must be able to communicate in an unambiguous way.
Step 8: The doctor wants to know more about the person.
As part of the assessment, the doctor may want to talk with you.The purpose is to find out how well the principal speaks.If the person lives in a nursing home, the doctor might want to talk with the staff.
Step 9: Get a signed statement from the doctor.
The doctor or other professional should sign a statement stating that the principal is no longer able to do his job.The statements should be attached to the power of attorney.The letters should be filed with the same office if the POA was filed there.
Step 10: To understand your powers, you must read the POA.
The power to make decisions is granted by a POA.The POA can limit your authority.Health care powers of attorney can be used along with living wills.When the principal becomes incapacitated, the living will explains the medical treatment they want.They can refuse artificial respiration.Living will directives require the attorney-in-fact to make decisions consistent with them.A financial power of attorney can give you control over certain assets.It can allow you to file the principal's tax returns.You might not have power over all of the principal's assets.You can see the full extent of your powers by reading the POA.
Step 11: Check to see if there is more than one lawyer.
The POA usually only names one attorney-in-fact.Some POAs name more than one.You may have to get permission from the other attorney before you act.All of the attorneys should be named by the POA.To find out how many have been named, check the document.
Step 12: A copy of the POA is needed to present.
You need to show the third party a copy of the power of attorney when making decisions on the principal's behalf.Explain that the POA is in effect and that you are making decisions for the principal.You might want to open a bank account for the principal.Go to the bank and show the teller your power of attorney.Some third parties might not honor the power of attorney.You should talk to your lawyer.
Step 13: Sign for the person who is the principal.
You might have to sign on behalf of the principal.Your signature must clearly state that you are not signing on your own behalf.Signing on behalf of the principal is what you need to state.In this example, you should write, "Melissa Smith, by Amber Smith as her Attorney-in-Fact."If she signed her own name, she could be held responsible for any contracts.
Step 14: It's time to sign an affidavit.
Signing documents for the principal may require you to sign an affidavit as the attorney-in-fact.You swear in the affidavit that you are using your powers in accordance with the POA.A third party can require you to sign an affidavit.Before you sign the affidavit, you should show it to your lawyer to make sure it's legit.
Step 15: Make sound decisions on behalf of the principal.
The POA gives you a lot of power.You have to use those powers in a responsible way.You must act as a fiduciary if you are the attorney-in-fact for a financial POA.You could be liable to third parties if you don't.If you make medical decisions under a medical POA, you must have a living will.You have to make decisions based on the best interests of the principal.