QUESTION
How do I get power of attorney from parents who have dementia?
Asked on Apr 23rd, 2015 on Estate Planning - Louisiana
More details to this question:
Parents have no power of attorney. Father and mother have dementia and decisions need to be made medically and financially.
3 ANSWERS
Probate Attorney serving New Orleans, LA
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James G. Maguire
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They can only give power of attorney if they are mentally competent to do so. They would have to understand what they are doing.
Answered on Apr 28th, 2015 at 2:35 AM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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If they're unable to make an informed decision and know what they are signing, then probably the proper way of handling their affairs would be to have them interdicted, or legally declared incompetent.
Answered on Apr 28th, 2015 at 2:30 AM
Estate Planning Attorney serving Baton Rouge, LA
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The Stutes Law Group LLC
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If your parents have dementia, they cannot grant valid powers of attorney. You will need to go to court to have one or both of them interdicted, which means they are declared incapable of taking care of their own affairs. You can ask to be declared curator, which means you could make decisions for them.
Answered on Apr 28th, 2015 at 2:12 AM