AlzNavigating Alzheimer’s: An Elder Law Attorney’s Perspective
As an estate planning and elder law attorney, I’ve had the privilege of walking alongside many families as they navigate the challenges of Alzheimer’s disease. Their journey, marked by uncertainty, can also offer profound moments of connection and love. I’m often blown away at the patience and strength I see in these families. This article covers general knowledge that can prove helpful if someone you know or love receives this tough diagnosis.
Understanding Alzheimer’s and Its Legal Implications
Alzheimer’s disease gradually takes away a person’s ability to manage their own affairs, making early planning essential. Families often find themselves unprepared for the legal and financial complexities that accompany this disease. It’s crucial to have conversations early and put plans in place before cognitive decline makes decision-making more challenging.
The Importance of Early Planning
The most important advice, don’t wait, start planning as soon as possible. Key legal documents can provide clarity and peace of mind and give you the essential tools you need to make decisions without court involvement:
- Durable Power of Attorney (POA): This document allows a trusted individual to handle financial matters on behalf of the person with Alzheimer’s.
- Health Power of Attorney: This designates someone to make medical decisions if the person becomes unable to do so.
- Advanced Healthcare Directive (aka Living Will): This document outlines the individual’s wishes for end-of-life care.
- Other estate planning documents: Trust, Last Will and Testament: Ensuring that assets are distributed according to the person’s wishes. Your lawyer will help you decide what estate planning options best suit your needs.
These documents can help delay, court involvement and avoid confusion and conflict later on, ensuring that the person’s wishes are honored even as their cognitive abilities decline.
Guardianship and Conservatorship
If someone doesn’t have the documents outlined above, when Alzheimer’s progresses to the point where an individual can no longer make decisions for themselves, guardianship or conservatorship might become necessary. This legal process appoints someone to manage the person’s affairs. While this step can protect a vulnerable individual, it is expensive and also means a significant loss of personal autonomy. It’s a decision that should be made with careful consideration and, whenever possible, avoided through earlier planning.
Planning for Long-Term Care
Alzheimer’s often requires long-term care, which can be expensive. Here are some options to explore:
Medicaid Planning: Medicaid can cover long-term care costs, but planning is needed to meet eligibility requirements while protecting assets.
Long-Term Care Insurance: If purchased before the onset of Alzheimer’s, this can help cover care costs.
Veterans Benefits: Veterans and their spouses may have access to benefits that help with long-term care expenses.
Emotional Considerations
Alzheimer’s is as much an emotional journey as it is a legal one. Families face tough decisions, such as when to move a loved one to professional care and how to maintain their dignity and autonomy. As elder law attorneys, we strive to offer not only legal advice but also emotional support. These decisions are deeply personal and require compassion and understanding.
Facing Alzheimer’s is undeniably challenging, but with careful planning, families can navigate this journey with more confidence and less uncertainty. We seek to provide the guidance and tools needed to ensure that loved ones are protected and their wishes respected.
If Alzheimer’s has touched your family, I urge you to seek legal counsel early. Taking proactive steps can bring peace of mind and allow you to focus on what truly matters – spending time with your loved ones and cherishing each moment. Together, we can create a secure future in the face of Alzheimer’s.
Complete Estate & Probate Law is joining the Walk to End Alzheimer’s in honor of our clients and their families who are struggling with a dementia/Alzheimer’s diagnosis, will you join us? You can join our team by registering online at:
http://act.alz.org/goto/completelaw
or scanning this QR code
You can also make a donation if you feel so inclined. We hope to see you there!
