A person with dementia can only change their power of attorney (POA) if they still have the legal capacity to understand the decision. Dementia itself doesn’t automatically prevent someone from modifying legal documents. However, the key requirement is mental capacity, the ability to grasp the nature and consequences of the change. I have shared more details about it below.
Can a Person With Dementia Change a Power of Attorney?
To revoke or amend an existing POA or create a new one, the individual (called the “principal”) must demonstrate that they understand what a power of attorney is, the authority it gives, and the effects of changing it.
If a person with dementia retains this level of understanding and reasoning, they can legally execute a new document or revoke the old one.
In the early stages of dementia, many individuals still have sufficient cognitive ability to make informed decisions and thus may be legally competent to change their POA.
Lawyers often document capacity through medical or cognitive assessments (for example, by a physician or psychologist) to strengthen the validity of the change.
If dementia has progressed to the point that the person cannot understand or retain key information about the legal change such as the roles and effects of the power of attorney the law usually prevents them from making or modifying the POA. In these cases, the existing POA remains in effect, or a court may appoint a guardian or conservator to make decisions on their behalf.
When a Person With Dementia Cannot Change a Power of Attorney?
Individuals with mild to advanced dementia typically lose the legal capacity to make such decisions. Once incapacity is medically or legally confirmed, any changes to the Power of Attorney are likely to be invalid and can be challenged in court.
Sometimes a person with dementia may have temporary periods of clarity (“lucid intervals”). If capacity can be properly documented during such a time, changes might be legally allowed, but this often requires strong evidence and professional evaluation. I hope you understood can a person with dementia change their power of attorney.
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Can a Person with Dementia Change Their Power of Attorney?
priya
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2026-02-08T19:46:15+00:00 2026-02-08T19:46:19+00:00Comment
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