What do I do if we need an advance care directive for my father, but he has dementia?

Question

Orlando, FL asked on March 10, 2017 in Elder Law for Florida

Andy Wayne Williamson · Answer

If you father has been diagnosed as having dementia the situation may be very difficult.  In order to execute an advanced care directive for either a Medical Power of Attorney or even a financial power of attorney, the person executing the document needs to be of sound mind or within what is phrased as a lucid moment. 
 
Dementia is a progressive and degenerative disease, so the answer to your question depends greatly upon the actual stage that the disease has progressed in your father. 
 
I suggest that you speak with an attorney who specializes in elder law matters in the Orlando area to give a very specific one on one discussion as to whether you father can still sign an advanced directive or not.

Jason E. Neufeld · Answer

Mr. Williamson gave good advice - it just depends on whether your father has the ability to understand what he is signing. There is a concept known as a  "lucid interval." This means your dad doesn't have to always be in the right frame of mind. For example - some of my clients are more alert in the morning after breakfast and would have the ability to sign these sorts of documents. But most evenings, some would just be too confused.  
 
If you can get him at a time when he is alert and oriented, he can sign. If his dementia has progressed too far, this may be impossible.  
 
Please let me know if you have any other questions.

Q: What do I do if we need an advance care directive for my father, but he has dementia?