Effective Estate Planning is Crucial for People with Dementia

Dementia is a sensitive subject for many families. We understand the complex care and considerations that go into preparing for life with Dementia and what follows. As a form of Alzheimer’s, the disease presents unique challenges for patients and their loved ones that necessitate thoughtful planning and care.

Our team at Elder Advisors Law is dedicated to working closely with these individuals and families, both before and after a diagnosis, to ensure the establishment of appropriate estate planning. It’s essential to remember that people with dementia are still capable contributors to their families and communities. Involving aging loved ones in family plans and catering to their evolving needs as symptoms progress is a critical aspect of compassionate care.

Can People With Dementia Create an Estate Plan?

One of the first questions many families face is whether a person with Dementia is actually able to participate in creating an estate plan – even if it is their own plan. The answer is yes, provided they are still considered to have the necessary legal capacity to do so.

Dementia affects individuals differently, with some in the early stages still fully capable of making future plans. However, should courts or medical professionals determine that an individual lacks the physical or mental capacity to make such decisions, it becomes too late for them to directly influence their estate plan based on their wishes.

In these instances, planning becomes significantly more challenging, often necessitating a conservator or guardian to make decisions on their behalf. Ideally, families would establish these roles before reaching this point. Despite occasional moments of clarity, known as paradoxical lucidity, these instances are typically too fleeting to have legal significance.

Don’t Neglect the Importance of Respite Care in Your Plans

In working so closely with the Dementia community and even participating in important events related to finding a cure, we also don’t want to neglect the importance of Dementia caregivers. These individuals play an invaluable role and we greatly appreciate and want to show support for their efforts.

An essential component of Dementia planning is respite care, designed to offer caregivers a necessary pause to recover their own physical and mental health. Respite care provides alternative care solutions, either in-home or at a specific location, allowing caregivers to rest or attend to personal matters. Acknowledging and planning for respite care reflects our commitment to supporting both those living with Dementia and their dedicated caregivers.

All-Encompassing Care and Planning for People and Families Living with Dementia

Elder Advisors Law Firm holds a deep commitment to our clients and their families. Our work often involves assisting clients with Dementia or those with loved ones requiring comprehensive estate plans that consider their unique circumstances. We frequently discuss the importance of Dementia planning in our workshops. We invite you to attend these workshops or to reach out to our firm directly for assistance in creating an estate plan that includes the necessary elements for Dementia care and planning.

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Elder Advisors Law

As Leaders in Estate Planning and Elder Law, we are passionate about helping families protect their hard-earned assets from the government, nursing homes, lawsuits or other predators.

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