Having dementia does not mean that an individual is not mentally capable to make planning decisions. Simply having a form of mental illness or disease does not mean that you automatically lack the required mental capacity. As long as you have periods of lucidity, you may still be competent to sign planning documents.
Here are some essential documents for a person diagnosed with dementia:
Power of Attorney
A power of attorney is the most important estate planning document for someone who has been diagnosed with Alzheimer’s disease or some other form of dementia. A power of attorney allows you to appoint another person to make decisions on your behalf once you become incapacitated. Without this document, your family will be unable to pay your bills or manage your household without going to court and getting a guardianship, which can be a time-consuming and expensive process.
Health Care Proxy
A health care proxy, like a power of attorney, allows you to appoint someone else to act as your agent, but in this case it is for medical decisions. It will ensure that your medical treatment instructions are carried out. In general, a health care proxy takes effect only when you require medical treatment and a physician determines that you are unable to communicate your wishes concerning treatment.
Medical Directive or Living Will
Medical directives and living wills explain what type of care you would like if you are unable to direct your own care. A medical directive can include a health care proxy or it can be a separate document. It may contain directions to refuse or remove life support in the event you are in a coma or a vegetative state, or it may provide instructions to use all efforts to keep you alive, no matter what the circumstances.
Will and Other Estate Planning Documents
In addition to making sure you have people to act for you and your wishes are clear, you should make sure your estate plan is up to date, and if you don’t have an estate plan, you should create one. Your estate plan directs who will receive your property when you die. Once you are deemed incapacitated, you will no longer be able to create an estate plan. A plan usually consists of a will, and sometimes a trust. Your will is your legally binding statement on who should receive your property, while a trust is a mechanism for passing on your property outside of probate.
In addition to executing these documents, it is also important to create a plan for long-term care. Long-term care is expensive and draining for family members. Developing a plan now for what type of care you would like and how to pay for it will help your family later on. Your elder law attorney can assist you in developing that plan and drafting any necessary documents. If you’re in need of legal assistance, please contact us today to speak with an elder law attorney in Bucks County about your specific situation.