How can my friend feel confident that her children will not try to put the document creating the enduring power of attorney into effect before she is truly unable to make her own decisions?

The power of attorney should state clearly that it will take effect at a specific time or when a specific event occurs. This would include the mental incapacity or infirmity of the maker of the document (donor). The document can then go on to specify when and how it will be determined that the event has occurred.

In the case of the mental incapacity or infirmity of the donor of the power, the document could provide that it would be determined when one or more named persons have made a written declaration to that effect, for example, two doctors. The document should name someone to be the person who will make the determination based on the written declaration from the doctors.

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January 2006

see also:

• More Abuse of Older Adults FAQs

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