Legal and financial planning for dementia

Legal and financial planning for dementia is crucial to ensure that the individual with dementia
and their family are protected, and their wishes are upheld. Here are important steps and
considerations in this planning process:

1. Early Planning:

Start the planning process as early as possible, preferably before dementia symptoms
become severe. This allows the person with dementia to participate in decision-making.

2. Legal Documents:

Create or update important legal documents, including:

Durable Power of Attorney:

Designate someone to manage financial and legal matters on the individual's behalf.

Advance Healthcare Directive (Living Will):

Specify medical preferences and designate a healthcare proxy.

Will or Trust:

Establish a will or trust to dictate the distribution of assets after death.

Guardianship or Conservatorship:

In some cases, a court may need to appoint a guardian or conservator if planning was not done in advance.

3. Financial Management:

Organize and consolidate financial accounts and documents for easier management.

Consider appointing a professional, such as a financial advisor or accountant, to help with financial planning and investment decisions.

4. Long-Term Care Insurance:

Investigate and purchase long-term care insurance to cover potential costs associated with dementia care, such as in-home care or nursing home expenses.

5. Medicare and Medicaid:

Understand the eligibility requirements and coverage of Medicare and Medicaid, and plan accordingly.

6. Asset Protection:

Consult an attorney or financial advisor to explore options for protecting assets, such as setting up an irrevocable trust.

7. Estate Planning:

Review and update estate planning documents, including beneficiaries on life insurance policies and retirement accounts.

8. Healthcare Costs:

Estimate future healthcare expenses and consider how they will be covered.

9. Legal Capacity Assessment:

In the event of doubts about the person's legal capacity, consult with a legal professional to determine if they can legally make decisions and sign documents.

10. Avoiding Scams:

Educate the person with dementia and caregivers about common financial scams targeting seniors and individuals with cognitive impairments.

11. Support from an Attorney:

Consult an attorney experienced in elder law and estate planning for guidance throughout the process.

12. Advance Care Planning:

Discuss end-of-life care preferences, such as resuscitation, hospice, or organ donation, and document them in the advance healthcare directive.

13. Family Discussions:

Open and honest discussions within the family can help ensure everyone understands the individual's wishes and roles in their care and financial management.

14. Periodic Review:

Regularly review and update legal and financial plans to adapt to changing circumstances or needs.

Legal and financial planning for dementia is complex and may involve numerous legal and financial professionals. It is important to seek advice from experts who specialize in elder law and dementia-related issues to ensure that the planning is comprehensive and legally sound. Planning in advance can help reduce stress and uncertainty for both the person with dementia and their family.