I am hearing more and more about how someone in a family gets an elder with dementia to sign a durable power of attorney when the person is no longer competent to know what they are signing. 
© 2010, AgingParents.comOther siblings are upset and angry about manipulation of the vulnerable elder. Is it legal to get a signature under those circumstances? Of course not. But people do it to take control of money and believe that they can get away with it because the elder won’t object and because it’s expensive to try to stop the person who is the “agent” on the power of attorney.
Is there anything one can do if this has happened to your elder? Yes, there may be something you can do. First, if the elder has “cognitive impairment” or has been diagnosed with dementia, it is important to get a letter from the elder’s physician verifying that he or she is not competent to handle his or her finances any longer. Without medical or psychological evaluation of the elder and evidence from one of these professionals, it is almost impossible to protect the elder from financial abuse.
One way around the problem is to seek the advice of an elder law attorney, who may be able to convince the court to order an evaluation, even if the “agent” objects to having the elder tested for competency by a doctor.
If an agent on a durable power of attorney has taken control of the elder’s finances and is not using the elder’s money for the elder’s benefit, it may be time to get the authorities involved. Taking an elder’s money and using it for any purpose other than to care for and protect the elder’s health, safety and quality of life may be financial abuse. If so, it must be reported to the police, adult protective services in your area, or to a doctor, who will report the problem to the proper law enforcement entity. The letter reporting the evaluation of the elder’s mental competency is a crucial part of reporting alleged elder abuse. Without it, law enforcement may not be able to tell who is being truthful and who is not.
Carolyn L. Rosenblatt, RN, Attorney
Tags: aging, aging parent, aging parents, aging parents health, cargiving, denial, elder abuse, elder care, financial stress, paying for care