Caregiver guide
Power of attorney for dementia and other legal planning
The best time to set up a power of attorney for dementia is soon after diagnosis, while your person can still understand and sign it. A durable power of attorney for finances and a health care decision-maker form let a trusted person step in later, without going to court.
Why legal planning can't wait
Dementia slowly takes away a person's ability to make and explain decisions. Legal papers let your person choose, now, who will speak for them later.
Many families put this off. It feels too hard to bring up, or your parent says, "I'll deal with it when I have to." But when that day comes, it's usually the family who has to deal with it, often in a hurry and without the right papers.
Planning early gives your person a voice. It also saves you from guessing, arguing with siblings or going to court. If your person has already been diagnosed with later-stage dementia, don't give up. Some planning may still be possible.
This guide explains the main documents in plain words. It is general information, not legal advice. Laws differ by state, so talk to an elder law attorney about your own situation. The Alzheimer's & Dementia Resource Center (ADRC) can give you referrals to elder law attorneys in Central Florida through our free Information & Referral service.
What is a power of attorney for dementia?
A power of attorney is a legal document. In it, one person (the "principal") names someone they trust (the "agent") to act for them.
For dementia, the key word is durable. A durable power of attorney keeps working after the person can no longer make decisions. A regular power of attorney may stop working at exactly the moment you need it most.
Most families need two kinds:
- Financial power of attorney. The agent can pay bills, manage bank accounts, deal with benefits and handle property.
- Health care power of attorney. The agent can talk to doctors and make medical decisions when the person can't. In Florida, this form is called a Designation of Health Care Surrogate.
The same person can hold both roles, or you can split them. Your person should also name a backup in case the first choice can't serve.
Can you get power of attorney for someone with dementia?
Often, yes, especially in the early stage. A diagnosis of dementia does not by itself mean a person can't sign legal papers.
What matters is whether your person understands what they are signing at the time they sign it. Many people in the early stage can understand who they are choosing and what that person will be able to do. A lawyer will usually meet with your person and may ask the doctor for a note about their ability to decide.
You can't sign a power of attorney for someone. Your person has to agree and sign it themselves. That's why timing matters so much.
How to get power of attorney for a parent with dementia
These steps work the same way for a parent, a spouse or another relative.
Have the talk early
Pick a calm time of day. Keep it simple: 'If you ever get sick, who would you want to handle your bills and talk to your doctors?' Let your person lead as much as they can.
Ask the doctor for a note
If you're worried about whether your person can still sign, ask their doctor to note in the chart that they understand the decision. A lawyer may ask for this.
Meet with an elder law attorney
An attorney can draft documents that follow Florida law and fit your family. Call ADRC at (407) 436-7750 for referrals.
Sign the papers the right way
In Florida, a durable power of attorney must be signed in front of two witnesses and a notary. Your attorney will set this up.
Give copies to the right people
Give copies to the agent, the backup, the bank and the doctors. Keep the originals somewhere safe that the agent can find.
Review every few years
Update documents after a move, a divorce, a death in the family or a change in the law.
What happens if someone has dementia and no power of attorney?
If your person can no longer understand and sign, it may be too late for a power of attorney. Then the family may need to ask a court to name a guardian.
Guardianship can take months and cost money. A judge, not your person, decides who is in charge. The guardian may have to report to the court every year.
Before you assume it's too late, talk to an elder law attorney. Ability to decide can change from day to day and differs by decision. Some people can still name a health care surrogate even when money matters are beyond them.
Medical vs. financial power of attorney: the documents your person may need
Legal papers fall into two groups: papers about health care, and papers about money and property. Your lawyer will help you decide which ones fit your family.
Health care power of attorney (health care surrogate)
Names someone to make medical decisions, talk to doctors and see records when your person can't. This person can also decide on treatments, change doctors and, depending on the document, where care happens.
Living will
Writes down what kind of care your person wants near the end of life, such as whether to use machines to keep them alive. It guides the health care agent and the doctors.
Do Not Resuscitate order (DNR)
A doctor's order not to start CPR if the heart or breathing stops. It is signed by a doctor, not a lawyer. Talk to your person's doctor about it.
HIPAA release
Lets doctors share medical information with the people your person names, so you can get answers on the phone.
Durable financial power of attorney
Names someone to manage bank accounts, bills, benefits and property. It can help the family avoid a court case later.
Will
Says who gets your person's money and property after death, and who will handle the estate. A power of attorney ends at death, so the will takes over.
Living trust
Puts property into a trust managed by a trustee your person chooses. It can help the family skip probate court and keep things running if your person can't manage money.
Who can help with legal and financial planning?
You don't have to figure this out alone.
- Elder law attorneys know the state's rules on powers of attorney, guardianship, Medicaid and protecting savings while paying for care.
- Your person's doctor can't give legal advice, but can help you start the conversation and can write down whether your person is able to make decisions.
- Geriatric care managers are nurses or social workers who help families make plans, sort out care at home and look at other living options.
- ADRC can point you to trusted local professionals. Our referral lists are built from caregiver experience, and providers can't pay to be on them. A free Care Navigation session can help you list what needs doing and in what order.
Can't afford a lawyer? You still have options. Legal aid offices, the Florida Bar's lawyer referral service and local nonprofits may help. Florida's Elder Helpline at 1-800-96-ELDER (1-800-963-5337) can connect you with services. See our Elder Services Helplines page for more.
Getting papers in order: a simple checklist
While you work on the legal documents, gather the paperwork you'll need later. Doing it now saves hunting through drawers in a crisis.
Make a list of money and property
Bank accounts, retirement plans, Social Security, pensions, insurance, the house, the car and any debts.
Put copies in one place
A folder, a drawer or a binder. If originals are in a safe deposit box, keep copies at home.
Tell one trusted person where it is
They don't need to know every detail, but someone needs to be able to find the papers in an emergency.
Talk about the funeral too
Knowing your person's wishes for a funeral or burial can bring peace to everyone. See our guide to end-of-life dementia care.
Next steps for Central Florida families
Legal planning goes hand in hand with protecting your person's money day to day. Read our guide to dementia and money problems for signs of trouble and ways to guard against scams. If your person may move to a nursing home one day, learn about nursing home residents' rights.
These conversations are hard. Many caregivers say talking with others who've been there made it easier. ADRC's free caregiver support groups meet in person and online, and our education workshops cover planning ahead.
Based in part on National Institute on Aging guidance.
Questions about power of attorney and dementia
Can someone with dementia sign legal documents?
Sometimes. A person with dementia can sign legal papers if they understand what they're signing at that moment. Many people in the early stage can. Ability can vary by time of day and by how complex the document is. An elder law attorney will check, and may ask the doctor for a note.
Is it ever too late to get power of attorney for someone with dementia?
It can be. If your person can no longer understand what a power of attorney is or who they're choosing, they can't legally sign one. Then the family may need guardianship through the court. Talk to an elder law attorney before you decide, because simpler papers may still be possible.
Can a person with dementia revoke or change their power of attorney?
A person who still understands what they're doing can cancel or change their power of attorney. If you think your person is being pressured to change papers, or no longer understands, talk to an attorney right away. Read about warning signs in our guide to dementia and money problems.
How do I change the power of attorney for someone with dementia?
If your person can still understand the decision, they can sign a new document with an attorney and cancel the old one. If they can't, changing the agent usually means going to court. Either way, start with an elder law attorney.
Is there a free power of attorney form for an elderly parent?
Free forms exist, but a power of attorney is a powerful document, and a mistake can make it useless. Florida also has strict signing rules. If cost is a worry, try legal aid, the Florida Bar's lawyer referral service or the Elder Helpline at 1-800-96-ELDER. Call ADRC at (407) 436-7750 for local options.
How do I get power of attorney for my spouse with dementia?
Being married doesn't automatically give you the right to manage all your spouse's money or make every medical decision. Your spouse needs to sign their own power of attorney and health care surrogate form, naming you. Follow the same steps as above, and do it as early as you can.
Who is responsible for a person with dementia?
Legally, the person is responsible for themselves until they name someone through a power of attorney, or a court names a guardian. In daily life, care often falls to a spouse or adult child. If that's you and you're feeling the weight of it, read our guide to caregiver self-care and call us at (407) 436-7750.
Does a power of attorney let me decide where my parent lives?
It depends on what the document says and on state law. A health care power of attorney may let the agent decide on a move to a care setting. Ask your attorney what your papers allow. For help comparing in-home care, assisted living and nursing homes, see our Information & Referral service.
Download the free guide
Keep the National Institute on Aging's fact sheet on legal and financial planning handy as you talk with your family and your attorney.
Talk to someone who understands
Alzheimer's & Dementia Resource Center (ADRC)
- Monday to Friday: 8:30 AM to 4:30 PM
The Alzheimer's & Dementia Resource Center (ADRC) in Winter Park, Florida, offers free help for caregivers in Orange and Seminole counties, including referrals to elder law attorneys; call (407) 436-7750. In an emergency, call 911. The Alzheimer's Association 24/7 Helpline is 800-272-3900.