Note: The following video and article were first published in 2013. While the media is a bit outdated, the information applied is still relevant. Care is There encourages you to review the advice and research your options. You can review more recent articles on our “Powers of Attorney & Advance Medical Directives” solutions page.
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.
Doris Gelbman, elder law attorney
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!
For more articles like this, see:
- Resources for Central Virginia
- Aging in Place
- Care for the Caregiver
- Long Distance Caregiving
- Communicating with Senior Citizens
Do you need help managing the care of an elderly loved one in Charlottesville, Harrisonburg, Staunton, Culpeper, or Waynesboro, Virginia?
Contact us at Care is There Geriatric Care Management 800.434.1633 or info@careisthere.com. We offer geriatric care management, support for independent living, assisted living enhancement, Aging Life Care™ services, and peace of mind for long distance caregivers.
AGING LIFE CARE™ is a trademark of the Aging Life Care Association. Only ALCA members are authorized to use this term to identify their services. See the Team page of CareisThere.com for a list of our associates, and look for the Aging Life Care logo on the bio pages of our ACLA members.
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