How to Obtain Power of Attorney for an Alzheimer's Patient

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Alzheimer's disease is a progressively debilitating disorder of the brain. Because of the destruction of brain cells as the disease progresses, memory, thinking ability, judgment and communication skills are lost. A patient with Alzheimer's disease needs to execute a durable power of attorney, a legal document. The patient with Alzheimer's disease legally authorizes another person, who is called the agent, to take actions for him. A financial power of attorney lets your agent make decisions having to do with your money and property. A health care power of attorney lets your agent make choices about your health care needs. A power of attorney manages your affairs when you can no longer do so. It costs less and provides more privacy than a guardianship.

Step 1Act as early in the disease process as possible so that the patient with Alzheimer's disease still has the capacity to understand the meaning of the documents. He loses his right to appoint a power of attorney when he is deemed incompetent. In a study published in the Age and Aging Journal in 2007, volume 37 pages 527-531, a MMSE (mini-mental status exam) score should be at least 18 out of 30 to be considered competent to execute a power of attorney. This may not be the only tool used to determine mental competency.

Step 2Execute a durable power of attorney because when the patient with Alzheimer's disease loses mental capacity, the durable power of attorney remains intact. Without a durable power of attorney, family members must to go to court to have a guardian or conservator appointed over the assets. This is costly and time consuming. Each state has specific requirements for making a power of attorney durable.

Step 3Consult an Elder Law attorney. He will be able to aid you and counsel you in the matter of executing a power of attorney. He can draw up the legal documents for you.

Step 4Choose an alternate agent. This is a good idea in case the first choice is unavailable.

Step 5Determine which power of attorney the patient with Alzheimer's disease needs. Most likely he will need both. Let the patient who has Alzheimer's disease decide who he wants to handle his financial affairs. Allow him to choose which person will be in charge of medical decisions.

Step 6Have the patient with Alzheimer's disease review and sign each power of attorney. Have the agents sign as well.

Step 7Invoke the....read all of How to Obtain Power of Attorney for an Alzheimer's Patient