QUESTION
What type of power of attorney is needed to manage parent’s affairs with dementia?
Asked on May 23rd, 2014 on Estate Planning - Colorado
More details to this question:
My soon to be 89 year old mother has been diagnosed with mental incapacities. She is no longer to drive a car and needs to be cared for or in a care facility permanently. I am her only child and must take the responsibility even though I live in another state.
2 ANSWERS
If your mother is already incapacitated, then she may not have the requisite capacity to sign powers of attorney. If she is able, she would want both a financial and a health care power of attorney. For further information, contact an attorney specializing in estate planning for elder clients.
Answered on May 27th, 2014 at 5:44 PM
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If she already lacks capacity, you cannot use a power of attorney, as she would not have the capacity to sign it. Instead, you are likely going to want to petition the court to be appointed her conservator (for financial issues) and guardian (for medical issues).
Answered on May 27th, 2014 at 9:45 AM