Legal Planning for Individuals with Dementia: Why It Matters and How to Get Started

Planning for the future is essential for everyone, but it becomes especially crucial when a person is diagnosed with dementia. The sooner these plans are established, the more actively the individual with dementia can participate in the process, ensuring their wishes are honored and their loved ones are supported.

Why Plan Ahead?

Making legal plans early provides several benefits:

• Involvement: Early planning allows the person with dementia to articulate their wishes for future care and decision-making.
• Clarity for Families: It removes guesswork for loved ones, reducing stress and potential conflicts.
• Time to Prepare: Planning ahead gives families the time needed to address complex legal and financial issues tied to long-term care.

Legal planning should address:

• Arrangements for long-term care and health care needs.
• Financial and property management.
• Designating a trusted person to make decisions on behalf of the individual.

Understanding Legal Capacity

Legal capacity refers to the ability to understand and appreciate the consequences of one’s actions and make rational decisions. Most individuals with dementia retain legal capacity early in the diagnosis, enabling them to participate in planning. However, capacity can vary depending on the type of document being signed. Consulting with a lawyer can clarify the level of capacity required for specific legal documents.

Before signing any document:

• Discuss Thoroughly: Ensure the individual understands the document and its implications.
• Seek Medical Input: If there are doubts about the individual’s mental capacity, consult a doctor.
• Review Existing Documents: Update outdated living wills, trusts, and powers of attorney as needed.

Meeting with a Lawyer

While some legal documents can be prepared independently, working with an attorney specializing in elder law can provide invaluable guidance. A knowledgeable lawyer can assist with:

• Exploring options for health care and long-term care decision-making.
• Managing personal care and property arrangements.
• Understanding coverage options for long-term care services, such as Medicare, Medicaid, and veterans benefits.

Checklist: What to Bring to the Lawyer

1. A detailed list of assets, including bank accounts, real estate, and valuables.
2. Copies of estate planning documents (wills, trusts, powers of attorney).
3. Recent tax returns and insurance policies.
4. Contact information for family members, caregivers, and financial advisors.

Quick Tips for Effective Legal Planning

• Ensure those named in the power of attorney document have access to copies.
• Name a successor agent in case the primary agent cannot act.
• Discuss brain autopsy consent with the power of attorney for health care (state laws may vary).
• Provide health care providers with copies of living wills and health care powers of attorney.
• Consider appointing an attorney or financial institution to manage the estate if a trusted individual isn’t available.

Take Action Now

Starting the legal planning process early ensures that the wishes of individuals living with dementia are respected and that families are better equipped to handle future challenges. At Lawvex, we specialize in helping families navigate these critical decisions with care and expertise.

Schedule a free consultation today to learn how we can support you in securing a brighter future for your loved ones. Let’s create a plan that brings peace of mind to you and your family.