Q: My dad is losing the ability to manage his own affairs. Am I authorized legally to make decisions for him? If not, what steps must I take?
A: The sooner you start preparing, the better. You cannot act in your father’s best interest fully without taking certain legal steps first.
Getting involved like this is often difficult emotionally. However, it is important. Someone will need to balance your father’s checkbook, do the taxes, and handle legal matters. Consider attending a free introductory Legal and Financial Seminar at the New York City Chapter of the Alzheimer’s Association. It is open to all caregivers.
Early on, you will need to answer three questions:
Who will manage your father’s financial affairs?
Who will make medical decisions on his behalf?
Who will be a “back up” should the primary caregiver become unable to act?
In New York State, two separate legal documents give you authority to make key decisions. They are a Health Care Proxy and a Durable Power of Attorney.
As dementia progresses, critical choices loom regarding health care providers, medical treatment, and, ultimately, end-of-life decisions.
In New York State, you cannot make those decisions for your father unless he has signed a Health Care Proxy.
As soon as possible, people diagnosed with dementia should choose someone as their Health Care Proxy, discuss their wishes for future treatment with that person, and sign the form. Proxy designations take effect when a physician determines that the patient has lost the capacity to make medical decisions.
The Durable Power of Attorney is another legal document. A patient uses it to designate a trusted person to make legal and financial decisions for him or her.
The Power of Attorney should be the durable type. This means it remains in effect after the person with dementia can no longer make financial decisions. An attorney should draft this document for you.
For help with this or any other dementia situation or for a list of our services visit our web site at www.alznyc.org or call our 24-hour helpline at 1-800 272-3900. There is always a caring and informed person at the other end of the line to help you.
- The Alzheimer’s Association, New York City Chapter
If you have a question for the Alzheimer’s Association, New York City Chapter, please send it to Jed Levine at expert@alznyc.org
