Who Is Legally Responsible for a Person With Dementia?
July 3, 2025
A person with dementia may not be able to make informed decisions as their condition progresses. In these cases, legal responsibility often falls to someone with power of attorney or a court-appointed guardian.
- Power of Attorney (POA): If the person with dementia assigned POA before losing decision-making capacity, this individual can manage medical, financial, or legal matters on their behalf.
- Legal Guardianship: If no POA is in place, a family member or caregiver may petition the court to become a legal guardian. This gives them authority to make decisions regarding health care, living arrangements, and finances.
- Healthcare Proxy: This role may also be assigned to make medical decisions specifically.
Legal responsibility depends on documents signed while the person with dementia was competent, or through court approval afterward.
At The Cottage at Litchfield Hills, we support families navigating these legal and care decisions with compassion and expertise. Contact us to learn more.
Frequently Asked Questions
Can a spouse automatically make decisions for a person with dementia?
Not always. Legal documents like POA or guardianship are still required.
Who decides if a person needs a legal guardian?
A judge makes that decision after a formal court process.
Can multiple people share legal responsibility?
Yes, co-guardians or joint POAs can be appointed in some cases.
Sources:
- https://www.alz.org/help-support/caregiving/financial-legal-planning/legal-documents
- https://www.findlaw.com/elder/elder-care-law/legal-issues-caring-for-parents-with-dementia.html
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