Powers of attorney are widely misunderstood, even among professionals in the senior care industry. Equally misunderstood is how to determine if a person has legal capacity to make their own decisions.
For example, did you know that in the State of Virginia:
- If the person granting the power of attorney (the principal) has mental capacity for legal purposes, the person receiving the power of attorney (the agent) cannot legally substitute their judgement for the judgement of the principal.
- A person is assumed to have legal capacity unless they are declared incapacitated by certain professionals – even if they are making decisions that seem unwise.
- A health care power of attorney does not grant the power to pay for health-related expenses.
- A diagnosis of Alzheimer’s disease does not make someone legally incapacitated.
Care is There asked Doris Gelbman — a Charlottesville, Virginia elder law attorney — to present us with the facts in this video. We highly recommend that you watch this too!
Know someone who worries about their elderly parent in Charlottesville, Staunton, or Harrisonburg Virginia? Care is There Geriatric Care Management can help! Have them contact me, Elizabeth, for a free consultation: 434.326.5323ext 2 or Elizabeth@careisthere.com.