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Seniors with dementia: is it too late to appoint a POA?

On Behalf of | Oct 25, 2024 | Elder Law

Sometimes, elders fail to consider creating an estate plan, drafting a will or appointing a power of attorney (POA) until something significant happens, such as an accident because of old age or becoming incapacitated.

This leads many people who care for older folks, such as their parents, to wonder what will happen if their parent develops a disease such as dementia and has not appointed a POA.

In the state of Washington, the law requires that a person have enough mental capacity to understand the nature and consequences of their decisions when executing a power of attorney.

Mental capacity and dementia

Dementia is a progressive condition that can affect an individual’s mental faculties over time. It affects cognitive functions, including memory, reasoning, and decision-making abilities.

People who have dementia often go through stages, and the symptoms vary from person to person. Many people in the early stages of dementia can still possess the capacity to understand and execute a power of attorney.

Timing and evaluation

To determine whether an individual can appoint a POA, evaluating their cognitive abilities at that specific time is essential. If they can understand the purpose of a POA, the powers being granted to whom they have given them, and the impact that executing a POA can have on their life, then they may legally appoint a POA.

Timing is critical for establishing a POA for someone with dementia. It is best to start this process while the individual can still make informed decisions. Waiting until the later stages of dementia can cause a person to lose the ability to appoint a POA. It is critical that a third-party, unbiased and qualified professional conduct this assessment.

In Washington, once someone establishes a POA, it remains in effect even if the principal who appoints the agent becomes incapacitated.

This means that having a POA in place can provide peace of mind for both the senior and their family, and the knowing that if something happens to them, their family will be legally able to do something about it.

People with early-stage dementia may still appoint a power of attorney, provided they have the capacity at the time of the appointment. If you or a loved one are facing this situation, it is critical to speak with an elder law attorney as soon as possible.