QUESTION
Can a dementia patient transfer power of attorney to someone else
Asked on Dec 18th, 2019 on Elder Law - New Jersey
More details to this question:
My sister currently has power of attorney over my 80 year old mom who had dementia. My sister has been classified disabled and required a caregiver at all times. She was recently diagnosed with cirrhosis of the liver and heart disease. The doctor told her there is no cure for the cirrhosis. The same sister is also currently awaiting trial for being in possession of and attempting to use counterfeit money in a Walmart. With her current health situation and the possibility of jail time can I have Power of Attorney revoked or will a court find my mother fit to transfer power of attorney? Thank you
1 ANSWER
2 Awards
A dementia diagnosis does not mean that your mother lacks legal capacity to revoke the current Durable [Financial] Power of Attorney and grant a new one. Many people retain this capacity at diagnosis but lose it over the months and years which follow. Your mother's physician can administer a simple screening test. It may show that she retains the needed level of legal capacity or it may show that she needs to consult a neurologist to learn more. If she no longer has the necessary legal capacity (which is the same as the legal capacity to contract), someone may need to seek guardianship in order to handle her money.
Answered on Dec 19th, 2019 at 5:18 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.