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Power of Attorney
How Can I Get a Person With Alzheimers to Give Me a Power of Attorney?

How Can I Get a Person With Alzheimers to Give Me a Power of Attorney?

Q: Can a POA change beneficiaries after death?

No, a power of attorney cannot change beneficiaries after the principal's death. Once the individual has passed, the authority granted by the POA ceases, and any changes to beneficiaries must be handled through the probate process by the executor of the estate according to the will or state law.

Full question:

Dad was mom's POA. Daughter was dad's POA. Dad just died suddenly. Mom has alzheimers. How can I be moms POA

Category: Power of Attorney
Date: 04/07/2025
State: Michigan

Answer:

The answer will depend on all the facts and circumstances involved. The mother must be competent to sign a power of attorney. A physician may be able to attest to the mother's competency or lack thereof if a challenge is anticipated. A diagnosis of Alzheimer’s or dementia alone is not an indication of incompetence.

Legal capacity is the level of judgment and decision-making ability needed to sign official documents. In order to be competent or have legal capacity to sign documents, a person must be able to understand and appreciate the consequences of his/her actions. In many cases, the person with dementia is able to understand the meaning and importance of a given legal document.

Once a person is diagnosed with dementia, family and friends should help the person make legal plans. The sooner plans can begin, the more the person with dementia may be able to participate.

Planning for incompetence includes:

-Making plans for health care and long-term care coverage

-Making plans for finances and property

-Naming another person to make decisions on behalf of the person with dementia

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.

FAQs

Who is responsible for a parent with dementia?

The responsibility for a parent with dementia typically falls to their adult children or designated caregivers. If a power of attorney (POA) is in place, the appointed agent is responsible for making decisions regarding healthcare and finances. If no POA exists, family members may need to seek guardianship through the court to manage the parent's affairs. It's important to ensure that the parent receives appropriate care and support.

What happens when a parent dies?

When a parent dies, their estate typically goes through a legal process called probate. This involves validating the will, if one exists, and distributing assets according to its terms or state law if there is no will. The executor or administrator of the estate manages this process, which may include settling debts and notifying beneficiaries. It's advisable to consult an attorney for guidance during this time.

Who gets power of attorney when a parent dies?

When a parent dies, any power of attorney they granted becomes void. The authority to make decisions then typically passes to the executor of the estate or a court-appointed administrator. If you are concerned about managing your parent's affairs after their passing, it's important to establish a will or trust while they are still competent.

Can someone with Alzheimer's revoke power of attorney?

A person with Alzheimer's can revoke a power of attorney as long as they are still deemed competent to understand the decision. If they lack the capacity to make such decisions, the POA cannot be revoked. It's crucial to have a physician evaluate their mental capacity if there are concerns about their ability to understand the implications of revocation.

How to get power of attorney for a deceased family member?

You cannot obtain power of attorney for a deceased family member, as a POA is only valid while the person is alive. After death, the estate enters probate, and decisions are made by the executor or administrator appointed by the court. If you need to manage their affairs, you may need to apply for probate and follow the legal process for estate administration.