If your parent has been diagnosed with dementia, you may already be stepping in more than before—helping with appointments, managing paperwork, or trying to keep up with bills and daily needs. Many adult children suddenly realize they’re doing the work without having the legal authority to act on their parents’ behalf. That’s often when questions about power of attorney begin.
A power of attorney (POA) is one of the most important tools families use when dementia is involved. It allows you to support your parent in a respectful, secure, and legally recognized way—while still honoring their wishes. Speaking with a St. Joseph power of attorney lawyer at Legacy Counsel PLC can help you understand your options and determine the best path forward.
Why Power of Attorney Matters When a Parent Has Dementia
When a parent has dementia, the changes you notice often happen gradually. One day, they may seem comfortable handling decisions, and the next, you realize they need help with things that once felt routine. Planning ahead gives you a way to support them while their wishes are still clear.
Dementia is common among older adults and often progresses over time, affecting memory and judgment, as noted by the Centers for Disease Control and Prevention. A power of attorney allows someone your parent trusts to step in as changes occur, rather than leaving decisions to be made during a stressful moment or by a court. Families usually look to a power of attorney for everyday, practical reasons, such as:
- Managing medical decisions and treatment consent
- Communicating with doctors and care providers
- Paying bills and handling banking matters
- Managing insurance paperwork
- Preventing financial exploitation
- Avoiding court-appointed guardianship
- Ensuring continuity of care
A well-prepared power of attorney also supports financial stewardship by clearly outlining who can act and what authority they have. More than anything, it gives you a way to do right by your parent while staying grounded in what they would want.
Types of Power of Attorney to Consider
Not all powers of attorney serve the same purpose, and one document may not cover all the needs of your family. Depending on your parents’ situation, different areas of life may call for different kinds of authority. Taking the time to examine these options can help you choose what fits without granting unnecessary control.
Medical Power of Attorney / Health Proxy
A medical power of attorney, also known as a Patient Advocate Designation, focuses on healthcare decisions. This document allows someone your parent trusts to communicate with doctors and make treatment decisions on your parent’s behalf if they are unable to do so. It helps keep medical care aligned with your parents’ wishes when they are unable to speak for themselves.
Durable Financial Power of Attorney
A durable financial power of attorney covers financial matters such as paying bills or managing accounts. This authority remains in place even if your parents’ ability to manage finances changes over time. Because of that, durable financial powers of attorney are often used to support ongoing financial stewardship.
Limited vs. Broad Authority
Sometimes, you only need help with a specific issue, and at other times, you require something that can remain in place as life changes. You might feel comfortable starting small, or you may want broader legal representation, so decisions do not have to be revisited later. What matters most is choosing an approach that fits your parents’ comfort level now and gives you enough room to respond as their needs change.
What Happens If Your Parent Already Has Dementia?
If your parent already has a dementia diagnosis, you may be wondering whether it is still possible to put a power of attorney in place. A diagnosis alone does not automatically revoke legal capacity, and many people can still understand and sign documents in the early stages. The key issue is whether your parent can understand what they are signing at the time the document is created.
Legal capacity is evaluated based on your parents’ ability to understand the nature and effect of the power of attorney, not simply the name of a condition on a medical chart. In Michigan, the rules governing the creation and enforcement of a power of attorney are established by state law, specifically MCL § 556.205, which outlines the execution and validity requirements for these documents. This framework is designed to support transparency and protect your parents’ interests when authority is granted appropriately.
The Process of Getting Power of Attorney for a Parent
As your parents’ needs change, everyday help often turns into something more. You may be asked to speak with banks, sign paperwork, or make decisions that carry significant weight. A power of attorney is what gives you the legal authority to step into that role and support your parent safely.
The process typically begins with an open conversation about what your parent wants and who they trust to act on their behalf. The next key step is confirming that your parent understands what a power of attorney means at the time they sign it. Once capacity is established, the document can be tailored to fit your parents’ needs, comfort level, and boundaries.
Most families move through steps like these:
- Talking with your parent about what help they want
- Confirming that your parent can sign a power of attorney
- Choosing an agent that your parent is comfortable with
- Preparing a document that fits the situation
- Signing and notarizing the document
- Keeping the document safe and sharing it when needed
Each step matters because this document affects real decisions. Working with legal representation helps make sure nothing important is missed and that your parents’ wishes are followed. Taking the time to do this carefully also supports responsible financial stewardship when money or property is involved.
Power of Attorney vs. Living Wills: What’s the Difference?
A power of attorney and a living will are not the same thing, even though they are often discussed in the same context. A power of attorney lets you name someone to make decisions for you, while a living will puts your medical wishes into writing. Understanding the differences between a power of attorney and a living will can help you determine what you need.
Power of Attorney
A power of attorney is about who can step in for you. Depending on how it is written, it may cover medical decisions or financial matters. This document grants another person the authority to act on your behalf when you are no longer able to make those decisions yourself.
Living Wills
Living wills differ in their approach and focus on your medical wishes. They spell out the kind of care you do or do not want in certain situations, including end-of-life care. When the two are used together, your living will gives direction, and your power of attorney gives someone the ability to carry out those wishes when it matters most.
How a St. Joseph Power of Attorney Lawyer Can Help
Power of attorney typically becomes part of the conversation when you need to step in and assist your parent with a specific task or decision. It may involve a medical decision or a financial account that cannot proceed without the proper authority.
A St. Joseph power of attorney lawyer with Legacy Counsel PLC can help you establish that authority, so you are not left guessing what you can or cannot do. Our team can also help with:
- A review of your parents’ situation and goals
- A check of whether your parent can sign a power of attorney now
- A recommendation on which type of power of attorney fits your needs
- Clear limits on what the agent can do
- Directives that match your parents’ wishes
- Signing details, including notarization requirements
- Guidance on how and when the document should be used
- Tips for keeping the document safe and easy to access
- Asset protection
- Medicaid planning for long-term care
Once the document is signed, the next question is usually how to use it without running into delays. Some banks and medical offices require the original, while others accept a certified copy; therefore, it is helpful to know what to bring before you arrive.
FAQs About Power of Attorney for Parents With Dementia
Do I need a power of attorney to help my parents with dementia?
Not right away. You can help with everyday tasks without legal authority, but a power of attorney becomes necessary once you are asked to make decisions or sign documents on your parent’s behalf. That is usually when people start asking whether they need a power of attorney to help their parents.
Can my parent sign a power of attorney after being diagnosed with dementia?
Sometimes, yes. A diagnosis alone does not necessarily prevent your parent from signing a power of attorney. What matters is whether they understand what the document does at the time it is signed.
What happens if siblings disagree about who should have POA?
If your parent still has the capacity to make decisions, their choice determines who is appointed, even if others disagree. If that capacity is gone and there is no agreement, families may be forced to involve the court.
Does a power of attorney give complete control over finances?
No. A power of attorney only grants the authority as written in the document. Limits can be included to allow the agent to handle specific responsibilities without unrestricted access. Also, the agent must always act in the principal’s best interest, or otherwise be subject to civil or criminal penalties.
Can the power of attorney be revoked later?
Yes, as long as your parent still has capacity. Revocation must be done intentionally and documented properly.
What if no power of attorney is in place?
Without one, families are often forced to seek court permission to act. That process usually takes more time and removes decision-making from the family.
Get Help Setting Up Power of Attorney for Your Parent
If you are considering a power of attorney for your parent, you may still be trying to determine what makes sense based on your circumstances and what can be put off. A St. Joseph power of attorney lawyer at our firm can help you take the next step when you are ready.
Contact Legacy Counsel PLC at 269-932-4017 or through their online form to ask the important questions and get help putting something in place that works for you and your family.
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