Dementia Power of Attorney in New Jersey

A close-up photo of an elderly woman holding a wooden cane.

If you or a relative has been diagnosed with dementia, you may be struggling with multiple concerns. In many cases, a New Jersey dementia power of attorney (POA) or other legal documents can help you with the next steps.

Facing dementia can be a stressful experience for you or a loved one, bringing up many questions and concerns. Many people tell us they want to get their affairs in order while they still have the ability to do so.

Some express that they don’t want their family members to disagree about what to do or wonder how they should handle things.

An experienced New Jersey dementia planning attorney can help you understand your options and answer any questions you have. When you’re ready to learn more, please contact Van Dyck Law Group for a consultation with one of our legal experts.

What Is a Dementia Power of Attorney in New Jersey?

A power of attorney, or POA, is a legal document that allows you to designate a person to make decisions in the event you become incapacitated or can’t make decisions yourself. As you can imagine, this is essential for someone who has recently been diagnosed with dementia or any illness that could cause cognitive difficulties.

The person who is given responsibility by a POA is called an agent, and they can then act on behalf of the principal, or grantor. An agent can be anyone you select, but you’ll want to make this decision carefully, as you will be entrusting them with a wide range of choices.

Most people choose a relative or close friend.

Alzheimer’s Power of Attorney: What Families Need to Know

It’s necessary to understand that there are several different types of POA to consider:

General POA. This document grants broad authority to act on the grantor’s behalf in managing their personal and financial matters as their cognitive health declines. Duties may include handling banking transactions, signing legal documents, managing investments, paying expenses, buying or selling assets, and establishing service agreements.
Limited POA. This is more restrictive than a general POA, and usually limits the agent’s responsibility to one or a few tasks. However, you will still need someone to make other decisions not covered by this document, and you may need another limited POA. For instance, you might choose to allow one relative the authority to make medical decisions, while another can make financial decisions. Alternatively, a POA could be limited to a specific transaction, such as the sale of an asset.
Springing POA. This POA is signed in advance but only becomes effective if and when the grantor is formally deemed mentally incapacitated. Because proving incapacity often involves medical and legal evaluations, it can be a complex and sometimes contested process. For this reason, some people choose not to have a springing POA.
Durable POA. The durable POA takes effect immediately upon signing and continues to be valid even if the agent becomes mentally impaired. This allows the grantor to manage their affairs continuously, ensuring their needs are met as their dementia progresses.
Medical or healthcare POA. As mentioned earlier, this document empowers the agent to make medical decisions on behalf of the grantor if they are incapacitated. Of course, a person can become incapacitated at any time, even if they don’t have dementia, so it’s always a good idea to designate a medical POA. You may also consider signing a medical advance directive stating what kinds of care you would like in the future.
Financial POA. This gives either general or limited responsibility for financial decisions to the agent. You could, for example, give different tasks to different agents, or give the same person broad discretion in handling your financial affairs.

Can Someone With Dementia Sign Legal Documents?

Yes, as long as they still have the capacity to make their own decisions. In other words, you or your loved one should still have the cognitive ability to understand what you’re signing.

Your lawyer may advise that you need a written statement from a doctor showing that the grantor is not currently incapacitated.

How to Get Power of Attorney for an Elderly Parent With Dementia

Ideally, your parent or elderly relative would choose a power of attorney and sign the paperwork before becoming incapacitated by dementia or another illness. In many cases, this is possible because the dementia is diagnosed in its early stages, when the patient can still make their own decisions.

However, not every situation is ideal. In some situations, dementia can progress quickly, or the patient may not seek help for their symptoms right away. If an elderly person lives alone and their relatives aren’t close by, they may experience symptoms for a long time before receiving a diagnosis.

As a result, we sometimes hear questions like this:

“I just learned my mom has advanced dementia. She needs to move into a nursing home and make decisions about medical care, but isn’t able to understand what’s going on.

How can I legally make these decisions for her?”

If your parent or relative has been evaluated by a physician and found to be incapacitated, we recommend you contact an elder care attorney right away. Your loved one will not be able to sign a power of attorney in this condition, but you can seek a guardianship or conservatorship through the courts.

If you’re successful in receiving a conservatorship, you’ll be able to make legal decisions for your parent or relative. However, this process can take time, so the sooner you contact an attorney for assistance, the better.

How to Change Power of Attorney for Someone with Dementia

We also occasionally answer questions about changing the existing POA for a person with dementia. In some situations, the grantor decides that the person they have chosen is not acting in their best interests, and they would like someone else to take on the role.

In other cases, one relative may have the POA, while another relative feels they are not up to the task. These situations can become contentious and, in a few instances, lead to lengthy legal disputes.

First, it’s helpful to know that the principal or grantor can override or “revoke” the POA at any time if they are of sound mind. As discussed earlier, this may require an evaluation by a doctor to determine the patient’s cognitive function.

Also, remember that dementia is progressive, and it’s difficult to know exactly how long a person might remain of sound mind. If your loved one currently has a POA and suspects that the agent is not handling things appropriately, we urge you to consult with a lawyer as soon as possible.

Once it’s established that the principal is still capable of making decisions, they can change the POA in several ways:

Create a new POA. Your lawyer can write a new POA document assigning responsibility to another person the grantor chooses, and stating the previous POA is no longer valid.
Modify the POA. Your loved one may ask a lawyer to add clauses that specify the POA will end in certain situations.
Notify the agent that the POA has been revoked. An attorney can assist your parent in sending the appropriate letters to the relevant parties.

Can You Change an Alzheimer’s Power of Attorney if the Principal is No Longer of Sound Mind?

If the grantor is no longer of sound mind, the process is somewhat more complicated, but it may still be possible to change the POA.

One common situation occurs when other family members believe the agent is not acting in the principal’s best interests. These concerns can occur for many reasons, such as:

The agent appears to be mishandling or misappropriating the grantor’s money. For instance, relatives may wonder why an elderly loved one was moved to a less expensive care home when there should have been sufficient funds to cover the previous facility. Or, they might question what happened to their loved one’s assets or the money from selling these assets.
The agent may not be following the principal’s wishes about medical care. Sometimes, the concern is not about finances but about medical decisions. Family members might notice the agent has agreed to treatments or end-of-life care that they believe their loved one didn’t want. For example, a client might tell us that they know their father didn’t want to be on life support or have any extraordinary measures to extend his life. However, the client’s sibling, who has POA, has approved these measures, and the client is concerned that their father’s wishes are being ignored.

If you feel that your parent’s POA agent is not representing their best interests, please contact a power-of-attorney lawyer right away. In some cases, it is possible to override the POA by filing a formal request with the court to remove the agent and appoint a new one.

You may also be able to request guardianship or conservatorship of your loved one in some situations.

Legal Steps to Take When a Parent Has Dementia

The necessary steps can vary depending on your parent’s situation. As a good first step, you should talk with your parent about putting their wishes for the future in writing.

The next step should be scheduling a consultation with a power-of-attorney lawyer in New Jersey to ensure these wishes are carried out.

Here are some questions you should ask your parent to consider before their consultation:

Who do they want to handle decisions regarding different aspects of their lives? They can elect to have one person handle all decisions or assign specific responsibilities to different people.
What type of end-of-life care do they want? Your lawyer can answer any questions your loved one has about options such as a DNR or specifying types of care they don’t want to receive.
Where do they want to spend their remaining time? Do they want to stay in their own home and receive in-home care, or do they want to move into a care facility? Both options have pros and cons. You and your loved one might want to tour local facilities to learn more about the different options available.
How should the POA agent handle the costs of your parent’s care? Unfortunately, nursing home care costs an average of $127,000 per year, and memory care is particularly expensive. Yet in-home care can also be costly, especially if your loved one needs round-the-clock assistance.
- For this reason, even some people who retire comfortably may struggle to pay for long-term expenses. You might ask your parent if there are some assets they’d like to sell, or others they want to keep in the family.

This conversation may be difficult, but it is even more challenging to try to answer these questions on your own once your parent is incapacitated. It can be helpful to give your loved one time to think over the answers to some questions and ask them again in a day or two.

Your parent will likely have questions of their own during this discussion. It may be beneficial to write down what they want to know and what questions they plan to ask during their consultation.

In this way, you can be sure no crucial concerns are overlooked or forgotten.

Preparing for Your Consultation With a Dementia Power-of-Attorney Lawyer

When you and your parent talk to your elder care attorney, they should take the time to answer all your questions and ensure your parent understands. If your lawyer seems to be distracted or in a rush, you may want to find new legal representation.

It’s essential for your parent to understand the decisions they’re making at this time.

How Can You Get Help From a Power-of-Attorney Lawyer in New Jersey?

If you or a relative has questions or concerns about dementia, legal planning, or estate planning, call the Van Dyck Law Group at (609) 293-2621 for a consultation. Our experienced estate planning attorneys will answer your questions, explain the options, and draw up the appropriate legal documents once you decide how to proceed.

We know that dealing with a dementia diagnosis for yourself or a loved one can be stressful, and we’ll do everything we can to make the process easier.