Planning for Alzheimer’s: Legal Strategies for Cognitive Decline

For families navigating an Alzheimer’s diagnosis, balancing everyday life with the uncertainty of the future is challenging. While focusing only on immediate needs is tempting, planning for the future can make a difference as cognitive abilities decline. Knowing which steps to take and how to protect a loved one’s well-being ensures that their wishes are honored, and their affairs are managed with care.

Why Plan Early for Alzheimer’s?

As Alzheimer’s progresses, symptoms make it increasingly difficult for individuals to manage their own lives. Early planning lets them make decisions while they still have the capacity, allowing their wishes to be documented and shared. Waiting too long to arrange legal matters can leave loved ones feeling lost, especially regarding health care decisions and financial management.

What Health Care Documents Should You Prepare?

Healthcare planning is an essential first step, as it helps outline preferences for future medical care. These preferences are often detailed in an advance directive, which may include a living will and a durable power of attorney for health care.

• Living Will: A living will specifies how someone wants to be treated if they’re in a state where they can’t make decisions, such as in a coma or suffering from a terminal illness. It tells doctors if someone wishes to avoid specific life-sustaining treatments, like intubation.
• Durable Power of Attorney for Health Care: This document designates a trusted person, sometimes called a “health care proxy,” to make medical decisions when the individual cannot. It’s helpful to think about common health issues associated with Alzheimer’s, such as swallowing difficulties or breathing challenges, and share these wishes with the designated proxy.

According to the Alzheimer's Association, having these documents in place helps avoid confusion during crises. If these decisions aren’t documented, family members often have the responsibility to make choices on behalf of the person, which can lead to significant stress and emotional strain.

What Financial Documents Can Protect Assets?

Financial planning is just as important as health care planning. Having documents that define how finances will be handled ensures that a person’s assets are protected and managed according to their wishes.

• Will: A will allows a person to specify how their property and money will be distributed after they pass. It may also provide instructions on guardianship for minors, select gifts, and outline funeral arrangements.
• Durable Power of Attorney for Finances: This document designates someone to handle finances when the individual cannot do so. This can include paying bills, managing investments, and overseeing property.
• Living Trust: A living trust appoints a trustee to manage assets on behalf of the individual. Unlike a will, which only goes into effect after death, a living trust can be used during a person’s lifetime if they lose the ability to handle their affairs. It’s a proactive way to ensure continuity in managing finances and properties.

Working with an estate planning attorney to draft these documents makes individuals and families feel more secure about their future. However, those with limited resources can explore legal aid offices, nonprofit organizations, and state agencies that may offer assistance.

What are Long-Term Care Options?

As Alzheimer’s progresses, long-term care planning becomes crucial. Individuals with cognitive decline may eventually require round-the-clock care, whether through in-home assistance or at a facility. Assisted living centers, nursing homes, and residential care facilities offer services for those unable to live independently. When planning for long-term care, consider the following:

• Residence Choices: Consider whether the individual will remain at home or transition to a care facility as their needs increase. Early planning can allow for adaptations to make their living space safer or for finding a facility suited to their needs.
• Community Resources and Costs: Research the cost of community resources, like home health aides or adult day care centers. It’s wise to begin saving early, as these services can be costly but invaluable for both individuals with Alzheimer’s and their families.

How Should You Approach End-of-Life Planning?

Since Alzheimer’s has no cure currently, end-of-life planning is essential. Individuals should consider their quality of life as well as treatments that may extend their lives. End-of-life plans often include decisions on whether to pursue aggressive treatments or focus on comfort measures. Family members can confidently make decisions if these wishes are documented.

Others must intervene if someone has not designated a health care proxy or advance directives. For families, this can be emotionally difficult. Imagining what the individual would want in these circumstances can help guide such decisions.

Start Securing Your Future: Plan for Alzheimer’s Today

Facing an Alzheimer’s diagnosis can bring a whirlwind of emotions. However, taking legal steps early can bring clarity and peace of mind to everyone involved. Starting with primary documents—advance directives, wills, and powers of attorney—can make a lasting difference in preserving one’s wishes and dignity.

Key Takeaways

• Plan early: Start legal planning soon after an Alzheimer’s diagnosis to ensure that your wishes are documented.
• Designate trusted decision-makers: Name a healthcare proxy and financial power of attorney to manage critical decisions as needed.
• Outline health preferences: Advance directives allow you to specify medical treatments you do or do not want.
• Safeguard assets: Use wills and trusts to manage financial assets, so they are distributed according to your wishes.
• Prepare for long-term care: Consider residential options and costs for care as Alzheimer’s progresses to provide needed support.

Planning for the future is essential when navigating an Alzheimer’s diagnosis. At The Werner Law Firm, our estate planning attorneys can help you create a comprehensive plan to protect your loved one’s wishes, assets, and dignity as they face this journey.

If you have any questions, schedule a free appointment with us through our online appointment page.

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Reference: Alzheimer’s Association “Planning After a Dementia Diagnosis”