Can I Get Durable Power of Attorney in New York for Someone Who Has Dementia?

By the time a caregiver realizes that the person they are taking care of has dementia, or diminished mental capacity, then they may no longer be able to give someone else power of attorney.

In this case, the caregiver would have to apply to the court for a conservatorship or guardianship. A guardianship is when the court appoints a person (the guardian) to have control over a person’s (or ward’s) finances. A guardianship is when a person (the guardian) is appointed by a court to have control over the care, comfort, and maintenance of another person.

The legal proceedings for these types of guardianships are usually time-consuming.

It’s always best to speak to an asset protection lawyer and your family members about power of attorney issues while you are still mentally competent.