Getting legal documents in order & helpful resources
When someone is diagnosed with dementia, it is important to ensure that their legal and financial affairs are in order. Below is information on both what types of legal documents are needed as well as some sites to find an attorney or legal professional who specializes in elder law. Here are some common legal documents to consider:
Power of Attorney (POA): A power of attorney grants someone (the agent or attorney-in-fact) the authority to make legal and financial decisions on behalf of the person with dementia (the principal). It is crucial to establish a durable power of attorney that remains valid even if the principal becomes incapacitated. This document should clearly outline the agent's powers and responsibilities.
Healthcare Power of Attorney or Healthcare Proxy: This document designates someone to make medical decisions on behalf of the person with dementia when they are unable to do so themselves. The appointed individual, known as a healthcare agent or proxy, should be someone trusted by the person with dementia to make decisions in line with their wishes and values.
Living Will or Advance Healthcare Directive: A living will or advance healthcare directive allows individuals to outline their preferences for medical treatment and end-of-life care. This document provides guidance to healthcare providers and family members regarding the person's wishes regarding life-sustaining treatments, resuscitation, and other medical interventions.
Will or Trust: A will or trust establishes how the person's assets and property will be distributed upon their death. It is crucial to have a valid and up-to-date will or trust in place to ensure that the person's wishes are followed and to simplify the estate administration process. Consulting an attorney experienced in estate planning is recommended to ensure the document meets all legal requirements.
Guardianship or Conservatorship: In cases where an individual with dementia is no longer able to make decisions or manage their affairs, and they haven't designated a power of attorney or healthcare proxy, it may be necessary to seek guardianship or conservatorship. This legal process appoints a responsible person (the guardian or conservator) to make decisions and handle the person's financial matters and personal care.
Remember, the legal requirements and terminology may vary depending on your jurisdiction. It is crucial to consult with an attorney to ensure compliance with local laws and to address any specific considerations related to the person's diagnosis and circumstances.
Here is a website to find a lawyer who specializes in elder care: Online Directory of National Academy of Elder Law Attorneys
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