When Can a Nursing Home Resident Sign a Durable Power of Attorney?
The law requires that someone have a good idea what’s going on around them when signing a Durable Power of Attorney. This does not mean someone who gets confused can never sign a Will or a Power of Attorney. We all have our good and bad days. But because the Power of Attorney may only be signed during a “lucid moment,” it is important to have your mother or father or other loved one under nursing home care take advantage of those better days by talking honestly with them and signing the Power of Attorney forms when you both feel confident in their comprehension. As attorneys who deal with abuse and neglect in nursing homes, we suggest having the Power of Attorney papers signed before entering the nursing home in order to prevent unfortunate results later down the road. However, changing a Power of Attorney or assigning one after a resident has been abused or neglected is completely within the resident’s rights, and we encourage you to talk ASAP with your relatives about this legal resp
