Preparing The Legal Documents Of A Loved One With Alzheimer’s –

When a friend or family member becomes diagnosed with Alzheimer’s, it’s important to sort out legalities as soon as possible.  Though it may seem crude to talk about certain issues, like their will or financial plans, you need to remember that they will gradually lose their memory and it’s easier to get these things accomplished before they are unable to decide for themselves.  And besides, as you now know, Alzheimer's Cost is the biggest factor you'll face. To avoid large hassles in the future, making plans for health care, long-term care coverage, finance and property issues should be done as soon as a diagnosis is made.

Before making any decisions, you need to assess the legal capacity of your loved one.  It may be wise to hire a lawyer to help decide what level legal capacity is required for a person to sign certain documents.  There are several different documents that need to be filled out and signed by your loved one or, if they are not of legal capacity, another person appointed to make decisions on behalf of their loved one.  Once completed, copies of the documents should be given to the individual with Alzheimer’s, their caregiver or a trusted family member, their attorney and their doctor.

A guardianship/conservatorship is given by a court when a person is legally incompetent.  When Alzheimer’s affects a person’s brain, they may not be able to make decisions about his or her care, property and finances.  If the Alzheimer’s is advanced enough, a court can rule that a person is legally incompetent and appoint a guardian or conservator for that person.  When a doctor decides that a person is irreversibly ill or critically injured and near death, a living will needs to be written to make sure that a person’s choices for future medical decisions are respected. 

In order to protect their assets when he or she is legally incompetent, an Alzheimer’s patient may write up a power of attorney and choose a person, most likely a close friend or family member, to make his or her financial decisions once they are unable to themselves.  Most power of attorneys are set up so that they cannot be easily reversed.  This way, the principal (the person with Alzheimer’s) cannot reverse their decision if they are in a paranoid or suspicious state caused by their disease.

When a person can still make his or her own decisions, they often set up a living trust.  To make sure the properties of the trust are protected, they can appoint a trustee, usually a close family member, friend or bank, to help invest and manage their assets.  A will, which a person a may have already set up before he or she was diagnosed with Alzheimer’s, is a document that lists whom the person has chosen as the executor and beneficiaries.  The executor, normally a lawyer, is responsible for managing their estate while the beneficiaries, friends and family members, will receive the estate after he or she passes away.  Taking the necessary legal steps to protect a person with Alzheimer’s can be overwhelming and sometimes emotional, but they are necessary to ensure that your loved ones wishes are carried out in full.