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Section 6: Legal Aspects of Decision Making: Power of Attorney, Health Care (Durable) Power of Attorney, and Conservatorship

Laws provide several different ways to allow one person to make decisions for another person.

  • Power of attorney (POA): A POA is a document naming someone who can act on your family member’s behalf. This usually includes accessing and managing their financial accounts. To appoint a POA, your loved one would need to sign a form identifying a person who would protect their interests, and to understand the purpose of the form. If your or your lawyer are unsure of whether your loved one has this ability, the lawyer may ask you to have a doctor assess this. The POA does not establish a health care decisionmaker. You do not need a lawyer to complete this form, but you may want to speak with one to make sure it meets your specific needs.
  • Durable power of attorney for health care (DPOAHC): Also known as a health care agent or health care representative, a DPOAHC is a document naming someone who can make medical decisions on your family member’s behalf if a doctor determines that they cannot make their own decisions. In addition, it gives their healthcare providers permission to share their medical information. Like the POA, your loved one would need to have the capacity to sign this form. This form is easy to complete without a lawyer. You can download the form from the ct.gov website. You will need two witnesses and the signature of a notary public.
  • Conservatorship: Conservatorship (known as guardianship in other states) involves having the court assign a decision maker for a person who isn’t able to make their own decisions. The court can give a conservator the authority to make financial decisions, health care and other personal decisions, or both. One reason that a person with dementia may need a conservator is that they never established a POA and/or DPOAHC and are now too impaired to do so. There are also situations where family members disagree about what is best for the person living with dementia or there are concerns that certain family members are exerting inappropriate influence over them. Because conservatorship offers additional safeguards, including oversight by a probate court judge, it may be the best solution.