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D
debrbg Asked October 2020

How do I enact a Durable Power of Attorney in Indiana?

I need to enact the durable power of attorney for my mother.
No clue how to do so - she is experiencing dementia-like symptoms but does not have a formal diagnosis.
Where do I begin?

sjplegacy Oct 2020
By "enact" do you mean you need to have your mom assign you as her durable healthcare POA? If your mom still has all of her faculties and knows what she's doing, you need to see an elder care attorney. The POA will become effective and actionable by you on the date it's signed unless you create a"springing" POA which I don't recommend. Just because someone exhibits dementia symptoms doesn't mean they're incompetent. Someone with early symptoms of dementia can lead a near normal life for years.

worriedinCali Oct 2020
You’ll need to get her an official diagnosis and probably declared incompetent IF you plan to use the POA to take control from her and override bad decisions. The durable POA should state when it goes in to affect.

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