Continuing Power of Attorney — Dementia
Continuing Power of Attorney for Dementia
Act Before the Window Closes
A Continuing Power of Attorney can only be signed while the person still has legal capacity. In dementia, that window narrows — often faster than expected. Adv. Liron Elmaliach helps families act in time.
Why Dementia Patients Must Act Urgently
A Continuing Power of Attorney can only be signed while a person retains legal capacity — meaning they understand the nature and significance of the document at the time of signing. In dementia, cognitive capacity declines over time — often slowly at first, then more rapidly. Once a person loses legal capacity, they can no longer sign a CPoA. The only remaining option is a court-appointed guardianship — a lengthy, expensive, and intrusive legal process.
Early-stage dementia does not automatically mean loss of legal capacity. Many individuals in the early stages — including those with a diagnosis of mild cognitive impairment (MCI) — still retain full or partial capacity to sign legal documents. The authorised attorney assesses capacity at the consultation and, where there is any doubt, will recommend a formal medical evaluation.
The signs to watch for include difficulty managing finances, confusion about time and place, or repeating questions — all of which may signal that the window for signing is narrowing. Acting at the first opportunity, rather than waiting, is always the right approach.
Adv. Liron Elmaliach is authorised by the Official Receiver and experienced in working sensitively with older adults and their families — including in situations involving cognitive decline. The process is managed with discretion and without unnecessary pressure.
Planning Ahead — Dementia, CPoA, and Advance Medical Directives
Beyond appointing an attorney-in-fact, a person with a dementia diagnosis should also consider including advance medical directives in their CPoA. These allow the individual to specify their wishes for end-of-life medical care — including views on resuscitation, connection to life-support machines, and conditions under which treatment may be withdrawn. These instructions are legally binding and relieve family members from having to make agonising decisions alone.
The CPoA can also designate a healthcare proxy — a trusted person authorised to make real-time medical decisions that are consistent with the grantor's expressed wishes. For someone facing dementia, this is often a spouse, an adult child, or a close relative. Specifying the person in advance removes doubt and prevents family conflict at a difficult time.
The document can address residential care preferences — whether the individual wishes to remain at home as long as possible, which type of residential care facility is acceptable, and what standards of care are expected. These preferences, expressed while the person is still able, guide the appointee and reduce the risk of decisions being made purely on financial grounds.
The property component of the CPoA should include provisions for protecting assets from being depleted during long-term care — including restrictions on selling the family home and protections against financial mismanagement. A well-drafted CPoA balances the need for the appointee to act efficiently with appropriate safeguards for the grantor's estate.
Frequently Asked Questions — CPoA and Dementia
Answers to the most common questions families ask when a diagnosis has been made
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Continuing Power of Attorney for Dementia — Free Initial Consultation
Authorised by the Official Receiver