Full question:
My mother signed a POA appointing me as her Atty. in fact and my children as the Successor AIF's. In doing so, she removed my sister as the Successor (my sister was having substance abuse issues and was under a psychiatrist's care for depression (a 25 year bout with depression) and substance abuse). About 6 months after signing the new POA, mother was diagnosed with early dementia and early Alzheimer's. My sister is now demanding that she be re-instated as the Successor. She has absolutely no relationship with anyone in the family, including her own children, one of whom has signed an Order of Protection for Stalking against her. No one in the family has any problems with the way mother is being taken care of (except the one sister) and NO ONE in the family wants this sister (who, by the way lives 450 miles from mother) to have anything to do with making decisions for mother. My question is: Since mother has been diagnosed, can she change her POA at the point in time? My sister is relentlessly harassing my mother to get the POA back to the way it was prior to my sister's hospitalization and subsequent commitment for alcohol abuse.
- Category: Power of Attorney
- Date:
- State: Minnesota
Answer:
The answer will depend on the specific facts and circumstances. A physician can assess your mother’s competency if a challenge arises. A diagnosis of Alzheimer’s or dementia does not automatically mean a person is incompetent. Legal capacity refers to the ability to understand and appreciate the consequences of signing documents. Often, individuals with dementia can still grasp the meaning and importance of legal documents.
After a dementia diagnosis, it’s important for family and friends to assist the person in making legal plans. The earlier these plans are made, the more involved the person with dementia can be. Planning for potential incompetence includes:
- Arranging for health care and long-term care coverage
- Managing finances and property
- Designating someone to make decisions on their behalf
Legal documents such as a living will, power of attorney, and testamentary will should be prepared.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.