The person living with dementia maintains the right to make his or her own decisions as long as he or she has legal capacity. Power of attorney does not give the agent the authority to override the principal's decision-making until the person with dementia no longer has legal capacity.
When someone is diagnosed with Alzheimer's disease or dementia, are they immediately considered incapacitated or of unsound mind? The answer is no.
In most cases, if a person living with dementia is able to understand the meaning and importance of a given legal document, he or she likely has the legal capacity (the ability to understand the consequences of his or her actions) to execute (to carry out by signing it).
By raising awareness and educating elected officials as an Alzheimer's Association advocate, you can help change the lives of those affected by Alzheimer's and other dementias. Join us to: » Advocate for continued support of a strong, accountable National Alzheimer's Plan.
In general, a person with dementia can sign a power of attorney designation if they have the capacity to understand what the document is, what it does, and what they are approving. Most seniors living with early stage dementia are able to make this designation.
You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself – for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.
People with dementia may have difficulty making some decisions, but will be able to make other decisions themselves. For example, a person might not be able to make decisions about their medical treatment, but could make decisions about what they eat, or which television programmes to watch.
If the person can't make a decision because they lack mental capacity, someone else might have to make the decision for them. This could be: a health and social care professional. someone legally appointed to make decisions about treatment, care and where they live, like a Power of Attorney.
Power of attorney documents should be written so that they are “durable,” meaning they are valid even after the principal is incapacitated and can no longer make his or her own decisions. The person living with dementia maintains the right to make his or her own decisions as long as he or she has legal capacity.
An advocate supports an individual to represent their own interests or represents the views of an individual if the person is unable to do this themselves. They provide support on specific issues and provide information but not advice.
The Alzheimer's Association, the leader in Alzheimer research, care and support, is the first and largest voluntary health organization dedicated to supporting all affected and to finding prevention methods, treatments and a cure for Alzheimer's. Our vision is a world without Alzheimer's.
While all these words mean "to favor actively one that meets opposition," advocate stresses urging or pleading.