An Alzheimer’s diagnosis is devastating and overwhelming. If you or a loved one has been diagnosed with Alzheimer’s disease, it is important to start planning immediately. There are several essential documents to help you once you become incapacitated, but if you don’t already have them in place, you need to act quickly after a diagnosis.
Having dementia does not mean an individual is not able to make planning decisions. The person signing documents must have “testamentary capacity,” which means he or she must understand the implications of what is being signed. 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.
The following are some essential documents for someone diagnosed with dementia:
1. 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 someone to make financial decisions on your behalf once you become incapacitated. Without a power of attorney, your family would be unable to pay your bills or manage your household without going to court and getting a conservatorship, which can be a time-consuming and expensive process.
2. Advance Healthcare Directive
An advance healthcare directive explain what type of care you would like if you are unable to make decision regarding your healthcare. An advance healthcare directive will include a nomination of a health care proxy. A health care proxy or agent is someone who you choose to make decisions regarding your health when you are unable to do so. Your advance healthcare directive 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.
3. 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, or if you don’t have an estate plan, you should draw one up. 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.
An estate plan usually consists of a will, and a trust if you own a house or have other assets to protect. Your will is your legally binding statement on who will receive your property when you die, while a trust allows to you pass your property without the need for lengthy court hearings and procedures.
Plan For Long Term Care
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 attorney can assist you in developing that plan and drafting any necessary documents.
An elder law attorney, such as Marsala Law Firm can help you with create a life plan. Call (650) 600-1735 now for a free telephone consultation.