![]() The person living with dementia maintains the right to make his or her own decisions as long as he or she has legal capacity. ![]() Power of attorney documents should be written so that they are “durable,” meaning they are valid even after the principal is incapacitated and can no longer make his or her own decisions. In addition, a successor agent or agents should be named in the event the original agent is unavailable or unwilling to serve. The agent should be chosen carefully it is recommended that this individual have a thorough conversation with the principal about what the responsibility entails. The power of attorney document allows a person with dementia (called the principal) to name another individual (called an attorney-in-fact or agent), usually a spouse, domestic partner, trusted family member or friend, to make financial and other decisions when the person with dementia is no longer able. While preparing these documents can be stressful, not having them can create problems such as uncertainty about who can make decisions or somebody making a decision that the person living with dementia would not want. This could happen if a party petitions the court on your behalf, alleging the attorney-in-fact has violated their responsibilities.As long as the person living with dementia has legal capacity (the ability to understand and appreciate the consequences of his or her actions) he or she should take part in legal planning. If a power of attorney is durable, and you become incompetent, only the court can revoke it during the time you are incompetent. It is a good idea to give notice to any banks, brokerages, or other places where the attorney-in-fact conducted normal business on your behalf. You should also file a copy of the letter with the court revoking the power of attorney. ![]() You can revoke a power of attorney by giving written notice to the attorney-in-fact.
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