Saturday, February 02, 2008

Power of Attorney

Q: Regarding durable (or general) power of attorney:

How is it decided that a person is incompetent?

My father is living in a "senior living community", whose own doctor has diagnosed him as having... dementia. I take care of all his finances and mail. The executive director had my father sign to be put on their program whereby he was given a daily multivitamin and aspirin for a charge of $300 monthly. Do I need to have some legal authority declare him incompetent?

A: I would think it would depend on what the power of attorney says. It may be based on letters from two doctors. More importantly, you probably need to be declared his guardian so you can prevent the decision you are speaking of. That would require an attorney.

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