How Do I Become a Power of Attorney for a Spouse with Dementia?

In the midst of a rapidly aging population in Allentown and surrounding Lehigh Valley area, when, due to declining health or other reasons, a person can no longer make proper life decisions, that authority can be given to another person by designating him or her as power of attorney. This can be especially important for residents of a memory care community like South Mountain Memory Care. There are different types of power of attorney that won’t be elaborated upon in this article, but becoming a power of attorney (POA) for a spouse with dementia involves several steps to ensure that you have the legal authority to make decisions on their behalf. This article is not meant to give legal advice and should not be construed as such.

Here is a general outline of the process of being granted power of attorney

1. Assess the situation Determine the extent of your spouse’s dementia and their capacity to make decisions. If your spouse is still mentally competent and willing to grant you power of attorney, the process is relatively straightforward. If their dementia has progressed to the point where they cannot make informed decisions, you may need to consider other legal options, such as guardianship or conservatorship.
2. Choose the type of power of attorney Decide which type of power of attorney is appropriate for your situation. There are two primary types:
   1. Financial power of attorney This authorizes you to make financial and legal decisions on your spouse’s behalf. It can be used for managing their finances, paying bills, and conducting other financial transactions.
   2. Healthcare power of attorney Also known as a healthcare proxy or medical power of attorney, this grants you the authority to make medical decisions for your spouse when they are unable to do so. It may also include their healthcare preferences.

3. Consult with an attorney Consult with an experienced elder law or estate planning attorney who can guide you through the legal process and ensure that power of attorney documents are drafted correctly and in compliance with state laws.
4. Obtain the power of attorney documents Work with the attorney to draft the power of attorney documents, specifying your role and responsibilities. Your spouse must sign the documents while they still can understand their implications.
5. Sign and notarize the documents The power of attorney documents typically require the signatures of both your spouse (the principal) and you (the agent or attorney-in-fact). Depending on your state’s laws, you may need witnesses or a notary public to acknowledge the signatures.
6. Inform relevant parties Inform financial institutions, healthcare providers, and other relevant parties that you have been granted power of attorney for your spouse. Provide them with copies of the signed documents as necessary.
7. Maintain transparency and accountability Act in the best interests of your spouse and make decisions according to their wishes and preferences as much as possible. Keep accurate records of financial transactions and healthcare decisions made on their behalf.
8. Periodic reviews Continue to monitor your spouse’s condition and capacity to make decisions. Review and update the power of attorney documents as needed. Some states require that power of attorney documents be renewed periodically.

It’s important to note that the process of obtaining power of attorney must occur while your spouse still has the mental capacity to understand and consent to the arrangement. If their dementia has progressed to the point where they are no longer capable of making informed decisions, it may be necessary to pursue guardianship or conservatorship through the court system. In such cases, you should consult with an attorney who specializes in guardianship and conservatorship proceedings.

South Mountain Memory Care focuses on high-quality, personalized care and the safest possible environment for your loved one. South Mountain Memory Care is proud to offer our residents a wide range of resident-focused daily activity programming. Each neighborhood offers activity space for group and one-on-one activities.

The brand-new building is a stand-alone memory care community, meaning that the entire building, staff, and programs are designed to serve residents with cognitive issues. To ensure person-centered care and attention, we have accommodations for up to 28 residents. The building is divided into two neighborhoods (wings), each offering 10 private suites and 2 semi-private suites. South Mountain Memory Care is located in the Allentown suburb of Emmaus, Pennsylvania, and is easily accessible from the Lehigh Valley, New Jersey, and Philadelphia. For more information, go to southmountainmemorycare.com.