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M
mgirls Asked May 2018

How would I get power of attorney when parent already has dementia?

freqflyer May 2018
mgirls, first of all you cannot "get" a Power of Attorney. Only your parent can request that you be their POA.

Since your parent has dementia, it depends on how far along is the dementia. If the parent can still understand the purpose of the POA then your parent can request one to be made.

I would highly recommend that the parent contact an "Elder Law Attorney" and set up an appointment. It will be up to that Attorney if he/she believes your parent is capable of understanding the POA. Don't try on-line POA's as all you need is one misplaced or missing word to create havoc. Heck, my POA is 17 pages long as it covers everything.

Also while at the Elder Law Attorney's office, have your parent prepare a Will or update an older Will that is out-of-date. The Attorney will also recommend a Medical Directive which is a legal document that helps you when your parent becomes quite ill and what your parent's wishes are regarding such situation. I know I was glad that both of my parents had this paperwork.

Don't forget to do a Power of Attorney and Will for yourself. One is never too young to have this.

DeeAnna May 2018
I take it that your parent does not have a D-POA or a POA-Healthcare (that you know of)? I suggest that you talk to your parent's lawyer first and ask him/her if he/she ever wrote a D-POA for your parent and whether they would give you a copy of the D-POA that his/her office wrote up. Check any and all safety deposit boxes if you can. If you can't find any documents at all, you may have to ask an Elder Law attorney to assist with this.

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