If your loved one doesn’t have a Durable Power of Attorney and Medical Directives and is suffering from dementia, or is otherwise mentally impaired, the planning process is more difficult, but may still be advisable. Without a Power of Attorney, no one is legally authorized to make financial decisions for your parent. In order to get that authority, we would need to seek Guardianship and Conservatorship from the Probate Court. We have to prove to the court that your parent is not competent and that appointing a Guardian to make decisions for his physical, mental, and emotional wellbeing and a Conservator for his financial wellbeing is in his best interest. After a Guardian and Conservator is appointed, we can then ask for permission to perform Estate and Medicaid planning. While the process is longer and more complex, it can be done and is always worth looking into.