Q: How to get power of attorney for and elderly parent with dementia?

A: This is a pretty old question so it might be too late for the particular questioner to use this information. Perhaps someone else will read it and find it useful. The problem here is that an incompetent person cannot make a power of attorney. Now, a person is not incompetent just he or she has dementia. You don't need to have a mind like a steel trap to give a power of attorney. But you DO need to know what kind of property you own and you DO need to understand or recognize your family and loved ones. If not, then you are not competent to make a power of attorney. A second problem is that people sometimes take advantage of their infirm loved ones. It is easy to unintentionally substitute your loved one's ideas and desires with your own in a circumstance where the loved one has difficulty communicating. "I just KNOW Auntie Flo would want me to have new carpet in my living room. We talked about it for YEARS." If a person is improperly or unduly influenced into giving a power of attorney at a time when they are infirm, the power of attorney might be invalid. For these reasons, it's important to have, as part of an estate plan, a "Springing General Power of Attorney." This is a power of attorney that is executed at a time when the principal...the person GIVING the POA...is competent. It is not immediately effective, but becomes effective at a later time when the principal becomes incompetent. A power of attorney should be prepared by a lawyer. They are not extremely expensive. You should consult your family attorney about this matter. If you don't have an attorney already, I'll be happy to speak with you. While I have discussed the general provisions of the law, there are some exceptions. So you shouldn't rely on this note as a legal opinion. If you click on my name it will take you to my contact page. There you can find information on how to contact me, either by phone or by email. I don't charge for the first 30 minutes of an initial consultation.