Legal Question in Elder Law in Alabama

Alzheimer's - Power of Atty for Elderly Parent/Spouse

My father has Alzheimer's. Mom is caretaker. We need to be able to keep him from making financial decisions, driving, etc. Will a power of atty provide this? or do we need to have him declared incompetent? We just want to keep him safe and unable to bankrupt them.


Asked on 10/29/03, 9:23 pm

1 Answer from Attorneys

Ronald Holtsford Ronald A. Holtsford, LLC

Re: Alzheimer's - Power of Atty for Elderly Parent/Spouse

From the provided details, IF your father is competent to make decisions, a durable power of attorney is probably the way to go for financial issues that may be associated with someone having Alzheimer's. The newer DPOA also provides health care language which should include proper reference to the HIPAA legislation enacted in April. Consult an attorney about the DPOA. Even if there are periods when your father does not act as expected or understand everything going on around him, your attorney may feel comfortable preparing a DPOA for your father if he has periods where he is lucid and has a full understanding of executing a DPOA. Should your father not be able to execute a DPOA, having him declared incompetent may be the best route to take. A DPOA does nothing to restrict his driving and is a difficult situation. My response is based on my best understanding of your question but you should rely on the advice of your attorney as no attorney-client relationship exists from the general response to your question.

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Answered on 10/30/03, 12:05 am


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