My Parent Has Dementia — Is It Too Late to Get Power of Attorney?

By Quantum Notary Solutions | Serving Houston, Richmond & Fort Bend County, TX

This is one of the most heartbreaking and urgent questions families face when a loved one is diagnosed with dementia or Alzheimer's. And the honest answer is — it depends on where your parent is in their diagnosis. But the sooner you act, the more options you have.

Here is what you need to understand about Power of Attorney and dementia — and what to do right now.

Can someone with dementia sign a Power of Attorney?

Yes — but only if they still have legal capacity. Legal capacity means the person understands what they are signing, who they are giving authority to, and what that authority covers. A dementia diagnosis alone does not automatically mean someone has lost legal capacity.

Many people in the early to moderate stages of dementia still have periods of clarity during which they are fully capable of signing legal documents. The key is acting during those windows — before the disease progresses further.

How does a notary determine capacity?

A notary is not a doctor and cannot make a medical determination about capacity. What a notary does is observe whether the person appears to understand what they are signing at the time of the signing. They will typically ask the signer a few simple questions to confirm awareness.

If there is any doubt about your parent's capacity, it is a good idea to have their physician document that they had capacity on the day of the signing. This protects the document from being challenged later.

What if it really is too late?

If your parent has progressed to the point where they no longer have legal capacity and no Power of Attorney is in place, the legal path forward is guardianship or conservatorship — a court process where a judge appoints someone to make decisions on their behalf.

This process can take months, costs money, and requires ongoing court oversight. It is exactly the situation that a Power of Attorney is designed to prevent. This is why acting early is so critical.

What documents should be put in place right now?

•       Durable Power of Attorney — for financial decisions

•       Medical Power of Attorney — for healthcare decisions

•       Directive to Physicians (Living Will) — for end of life preferences

•       HIPAA Authorization — so family can access medical information

•       Last Will and Testament — to ensure their wishes are honored

A mobile notary can come to your parent

If your parent cannot travel, a mobile notary can come to their home, memory care facility, or assisted living center. As long as they demonstrate capacity at the time of signing, the documents are fully valid.

Do not wait for a better moment. In dementia, better moments become less frequent over time. The best time to act is right now.

📍 Need a notary in the Greater Houston/Richmond, TX area? Quantum Notary Solutions is mobile and remote — we come to you. Call or text us today to schedule your appointment.