Growing older lends itself to many changes, of course both physically and mentally, but also in terms of one’s legal responsibilities or obligations. With all that comes along with aging health, preparing things like a Power of Attorney (POA) should be accomplished before they are actually needed. Although we hope that the day never comes, there may be a point when you or your senior is unable to sign a POA. If you find yourself in this situation don’t panic — there are ways to overcome this challenge and ensure that someone’s rights remain optimized for their wellbeing.
Help! My Senior is Unable to Sign a POA!
To start, a POA essentially empowers an adult child or other designated guardian to make legal decisions for someone regarding their legal matters, heath care, and other personal wishes. In many cases, signing this type of document is something that many perceive as an admission of needing help. Additionally, many people are somewhat fearful confronting the reality of their parent becoming incapacitated to the extent that a POA becomes useful. All of this is an equation for excessive procrastination in planning such matters — eventually leaving a family without the right documents in the event things change suddenly.
Taking the necessary precautions before someone is incapacitated is strongly advised!
Perhaps surprisingly, seniors with Alzheimer’s or those already under legal guardianship may still be competent enough to sign a will. This is a distinct document from a POA, however, it’s important to first outline the difference.
At the time of signing a will, a senior is deemed competent if he or she:
- Is aware of the ‘natural objects of his or her bounty’ — meaning they are aware of a spouse and children (if any).
- Comprehends approximately his or her net worth and the nature of their assets.
- Can understand the effect this document has and it’s implications
- Has the ability to make a disposition of any assets or property according to his or her own preferences
Meeting with a lawyer versed in elder law in conjunction with medical assessments will make it clear whether or not someone is actually able to sign such a document. If someone has reached a point where they are unable to meet the above competencies, a lawyer must then refuse to prepare a will.
Signing a POA
Now, unlike preparing a will, there is a different process for determining whether a senior is unable to sign a POA. In this situation, the individual must be able to interpret and understand the extent and effect of this type of document, similar to the way someone would approach signing a contract. Essentially, someone may be competent enough to sign a POA, while being unable to fully devise and agree to the terms of an actual will.
Still, if someone is physically and mentally unable to sign their name to a POA, all that may be needed is that the individual sign an “X” before multiple witnesses. This is known as a “mark” and can take the place of a full signature so long as each party involved has a legal understanding of the situation at hand.
Although it is possible to get these types of documents established after they become a necessity, the possibility of added stress and the potential for legal missteps are much higher than just taking preemptive steps.
As always, if your senior is unable to sign a POA, consult trained law professionals to produce the best outcome for their wellbeing no matter what situations arise!
