Legal Planning for Individuals With Dementia

A good majority of people aren’t aware of the financial and legal work that goes into facilitating the care of a patient with Alzheimer’s and other forms of dementia. Medical and legal experts all around the globe urge people recently diagnosed with dementia or illnesses that cause a decline in physical and mental health to update their health, legal, and financial arrangements.

Individuals with early-stage dementia are generally able to work through legal planning and decision-making without assistance. Basic legal documents like advance directives, living trust, and a will are easily obtainable to ensure that their financial, legal, and end-of-life decisions are met.

Legal, Health Care, And Financial Planning Documents

Families starting the legal planning process should talk about their strategy, their desired outcomes, and the legal documents that they plan to acquire. A lawyer may bring a variety of documents to aid in this procedure according to the family situation and applicable state laws, including documents that communicate:

  • A person’s wishes for medical treatment if they are no longer able to make those decisions.
  • Estate planning and financial management for a person who is no longer able to make financial decisions.

Legal Health Care Directives For Individuals With Dementia

Advance health care directives are written statements of a person’s preferences for medical care. When a person is no longer able to make decisions for themselves, advance directives take effect. The majority of the time, these documents need to be created when the person is legally able to sign them. These are some examples of health care directives:

When a person with dementia is unable to make decisions about their own health care, a durable power of attorney for health care appoints another person — sometimes referred to as an agent or proxy.

A living will outlines a person’s preferences for medical care when they are near death or if they are permanently incapacitated and unable to make decisions regarding life-saving measures.

If a person’s heart stops beating or if they cease breathing, a do not resuscitate order (DNR) orders medical personnel not to conduct cardiopulmonary resuscitation (CPR). A doctor signs a DNR order, which is then recorded in the patient’s medical record.

Where Can I Get Help With Legal Planning?

Healthcare professionals cannot give legal or financial advice, but they can encourage patients and their families to start discussing their plans. Regarding the patient’s capacity for decision-making, doctors can also provide guidance to patients, families, the care team, attorneys, and others. Medicare offers free consultations with doctors regarding advance care planning choices during the yearly wellness checkup. These consultations might also be covered by private health insurance.

An elder law attorney assists senior citizens and their families in understanding state laws, making plans for the execution of wishes, comprehending financial possibilities, and learning how to safeguard financial assets.

Asking about a lawyer’s fees before scheduling an appointment is a good idea. Families can identify qualified attorneys with the assistance of the American Bar Association and the National Academy of Elder Law Attorneys. A local bar organization can also assist in locating sources of free legal aid.

Start Planning Early

Each patient’s dementia progresses at a different rate, and with time, their ability to participate in planning will decline as well — so it’s important to be proactive and empower them with the knowledge they need to begin planning. Be patient and, if necessary, seek outside assistance from a lawyer or geriatric care manager.

Collect Important Papers

Important documents, such as a living will or bank records, must be available to family members or a proxy in case of an emergency or when the patient is unable to handle their own affairs. Putting crucial documents in a safe location and giving copies to family members or another trusted person helps ensure that the patient’s wishes are carried out. The documents can also be kept by an attorney.

Looking after someone with dementia can be a challenging process, but it’s important to prepare yourself for the future in the best possible manner for the sake of your patient or loved one — and one of the best ways to do that is by ensuring that their legal planning is on track.

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