Planning for the future is essential, especially when a dementia diagnosis is involved. Understanding legal tools like power of attorney and advance directives can ensure your aging loved one’s wishes are respected. This guide provides a clear overview of these important documents and how to navigate them.
Power of Attorney Defined
A power of attorney (POA) is a legal document that allows an individual (the principal) to appoint a trusted person (the agent or attorney-in-fact) to make decisions on his or her behalf. For dementia patients, it’s crucial to establish POAs while they still have the mental capacity to make legal decisions. There are two primary types:
- Financial power of attorney – This gives an agent the authority to manage the principal’s financial affairs, such as paying bills, managing investments, and handling property transactions.
- Medical power of attorney – Also known as a healthcare proxy, this appoints an agent to make healthcare decisions if the principal becomes unable to do so.
A durable power of attorney is highly recommended in dementia cases. A durable POA remains in effect even after the principal becomes incapacitated, ensuring the designated agent can continue to act on his or her behalf without interruption.
If your loved one gives you medical power of attorney, you’ll have the legal authority to hire a home caregiver for him or her. Certain age-related conditions can make it more challenging for seniors to age in place safely and comfortably, but Portland live-in care experts are available around the clock to help seniors manage their health. Whether your loved one is living with dementia or recovering from a stroke, you can trust the professional caregivers from Align Home Care Services to enhance his or her quality of life.
Advance Directives Explained
Advance directives are legal documents that outline a person’s wishes for medical care in the event the individual can no longer communicate his or her decisions. These are created in advance of a medical crisis and serve as a guide for family members and healthcare providers. Key components include:
- Living will – This document specifies the types of medical treatments a person does or doesn’t want to receive to prolong his or her life. This could include instructions regarding CPR, mechanical ventilation, or tube feeding.
- Do not resuscitate (DNR) order – A DNR is a specific medical order instructing healthcare providers not to perform CPR if a person’s heart stops or he or she stops breathing.
Advance directives empower individuals to maintain control over their end-of-life care, providing peace of mind for both seniors and their loved ones.
Key Steps for Setting Up These Documents
Initiating these legal arrangements can feel overwhelming, but breaking the process down into manageable steps can help. The process generally involves:
- Choosing an agent – Select a reliable and trustworthy person to act as your agent. This should be someone who understands your values and is willing to advocate for your wishes.
- Discussing your wishes – Have open and honest conversations with your chosen agent, family members, and doctors about your preferences for medical care and financial management.
- Consulting an attorney – It’s highly advisable to work with an elder law attorney. An attorney can ensure all documents are legally sound, tailored to your specific needs, and comply with state laws.
- Executing the documents – Once drafted, the documents must be signed and witnessed or notarized as required by your state’s regulations to be legally binding.
- Distributing copies – Provide copies of your executed documents to your agent, alternate agents, doctors, and family members. Keep the originals in a safe, accessible place.
If your loved one’s wishes include living at home as long as possible, it’s a good idea to plan ahead for the possibility he or she may need help with the activities of daily living. One of the most challenging tasks of helping an elderly relative age in place safely and comfortably in Portland is researching agencies that provide senior home care. Families can turn to Align Home Care Services for reliable, high-quality in-home care for aging adults. We offer 24-hour care for seniors who require extensive assistance, and we also offer respite care for family caregivers who need a break from their caregiving duties.
When to Create These Legal Documents
The most critical factor for creating a POA or advance directive is timing. These documents must be signed while the individual still has “testamentary capacity”—the legal term for being of sound mind and able to make decisions. For someone with a progressive illness like dementia, this means acting as soon as possible after a diagnosis. Waiting too long can result in the person being legally unable to appoint an agent or state his or her wishes, potentially leading to court-appointed guardianship, which can be a costly and stressful process for families.
A highly trained caregiver with experience in caring for seniors with dementia can be a fantastic resource for family members. Even when families have the best intentions, caring for a senior loved one with dementia can be challenging. Fortunately, Align Home Care Services is here to help. We are a leading provider of Portland dementia care. Families can take advantage of our flexible and customizable care plans, and our caregivers always stay up to date on the latest developments in senior care. If your loved one needs help with the challenges of aging, call one of our compassionate Care Managers today.