Sebastopol, CA asked in Elder Law for California

Q: How do you get a power of attorney if a person has Alzheimer's

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1 Lawyer Answer
  • Estate Planning Lawyer
  • Cary, NC

A: You don't depending on how advanced the Alzheimer's is. If someone is diagnosed early and has a lucid day, then perhaps an attorney in your state will draft a poa for the person. The attorney will have to interview the person and make sure that he or she is capable of understanding the documents. It also depends on who you are. Its one thing if the spouse or an only child wants a poa. Its another if the gardener or some relative stranger wants it.

If the Alzheimer's is severe, then I would suggest that you consult an elder law attorney in the state where the disabled person lives and see about a guardianship/conservatorship.

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