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The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.
The clinician determines whether the patient has the capacity to understand, make his/her own decisions, and take responsibility for the consequences of the decision while the courts determine whether the person has competence or legal right to make independent decisions.
As long as the person living with dementia has legal capacity (the ability to understand and appreciate the consequences of his or her actions) he or she should take part in legal planning.
The form provides a formal, legal way to appoint your health care agent(s) to assist you and make health care decisions for you. The form also provides information to your agent(s) about your health care and end-of-life wishes.
Steps for Making a Financial Power of Attorney in Montana Create the POA Using a Statutory Form, Software, or Attorney. ... Sign the POA in the Presence of a Notary Public. ... Store the Original POA in a Safe Place. ... Give a Copy to Your Agent or Attorney-in-Fact. ... File a Copy With the Land Records Office.