Choosing the Right Power of Attorney (POA) for a Loved One with Dementia

Selecting the Right Power of Attorney when Dementia Must Be Considered Is Critical

Have you ever considered how to choose a Power of Attorney?

Dementia is on the rise around the world. According to a new study, the risk among Americans after age 55 is 42 percent which is more than double the risk reported by older studies. More and more families are being faced with caring for a loved one with dementia.

Are you caring for a parent, a spouse, a partner, a sibling or other relative, or a dear friend dealing with cognitive decline? One of the most important legal and emotional decisions a family can make as the diseases progresses is naming a Power of Attorney. A POA is a trusted person to manage financial, medical, and legal matters.

Selecting the right Power of Attorney (POA) is not just about trust—it is about honoring intent and ensuring accountability.

A designated agent has a legal duty of obedience.  Meaning they must follow the principal’s expressed instructions and wishes. This is true even if the agent personally believes a different course of action may be “better.”

With the right advocate in place, you can reduce uncertainty and ensure that decisions are carried out as intended. Decisions should follow your loved one’s will, as opposed to reinterpreted through someone else’s perspective. The key is selecting someone who is not only willing and capable. But who also respects the responsibility to act in alignment with the principal’s directives, preserving their voice, autonomy, and dignity.

You can appoint one individual as a durable healthcare POA and another as a durable financial POA.

Or, you can have one person for both roles if they are qualified. Each person would be responsible for making important decisions once the person with dementia is unable to do so. Clarifying these roles early ensures that responsibilities are clearly defined and legally sound.

When making your selection, keep in mind that trustworthiness and integrity are of paramount importance. In addition, the person(s) you choose should have strong organizational skills, and the ability to remain calm under pressure. This person will have significant control over finances, property, and medical decisions. You will also need to consider geographic proximity, especially if in-person decisions or emergencies arise frequently.

Equally important is communication. The chosen agent should be someone who can collaborate with family members, healthcare providers, and legal professionals.

Of utmost importance is to discuss the decision openly with your loved one while they can still express their preferences. Including them in the process preserves dignity and ensures their wishes are honored. Consulting with an elder law attorney can further guide families through legal requirements and help tailor documents to specific needs.

To learn more about selecting and assigning a POA for a loved one with a dementia diagnosis or to create a plan prior to a diagnosis, give my office a call today at (470)235-7868.

Looking to find an experienced estate lawyer in the Georgia area who is skilled in asset protection and estate plan preparation? Shannon Pawley is an attorney in Georgia with expertise in estate planning and asset protection. Shannon can provide assistance with creating an estate plan to include making a will and how to establish a trust properly. If you have questions about asset protection or questions about making an estate plan, reach out to Shannon and she will be glad to help answer all the estate planning questions you might have!