My mom is showing a lot of signs of cognitive decline. We have an appointment for her in a couple of weeks to get a neuropsych evaluation. I’m anticipating she might get a diagnosis of dementia and am trying to think if there’s anything we should try to accomplish beforehand. Legally are there things that would become impossible or more difficult after such a diagnosis? Such as adding beneficiaries to bank accounts which is something I’ve encouraged my parents to do but it hasn’t been done yet, or updating their wills. I think my dad already has POA but it might be a durable type which I think is only valid as long as the person is legally competent. What do we do if anything with this window of time?
Getting this done was absolutely KEY to everything I had to do since. My dad was diagnosed with bvFTD about 18 months later. My mom and I used the letters from his neurologist to activate the DPOA and take away his ability to access his retirement accounts (which he had been mismanaging terribly) and also to take away his driving privileges which was critical.
Then We had to get my mom’s will adjusted a second time to make me as executor and take him off of it.
He Passed away 3-1/2 years later (this past May) and now we will need to update my mom’s will yet again. They moved to near me which is a different state.
good luck!! It’s a lot. One day at a time.
Durable POA is still good after incompetence has taken hold, I would encourage you to educate yourself on the documents, your responsibilities as the POA and when they expire, at death, which catches many people by surprise just when they need that authority.
Good luck getting all of this in order before it is needed or too late.
That isn't to say that POA cannot be done with mild dementia. My brother made me his POA and Trustee after diagnosis of probable early Lewy's dementia. What is important is whether examination in attorney office proves your mother understands her decisions. Your father isn't a cood choice in that he may be close on to your mom in certain failures of executive function. You need to consult NOW with an elder law attorney.