Important Legal Documents for People with Dementia
Many older adults in Connecticut will be diagnosed with a form of dementia. When that happens, it is essential to ensure that all estate planning documents are in place given that a diagnosis with dementia likely will mean that the elderly patient will lose legal capacity at a point in the future. It is critical for adult children and other family members to understand the medical and legal implications of a dementia diagnosis, and to take steps to make certain that important legal documents are completed and in order. What do you need to know? Consider the following information from the Canton elder law and estate planning advocates at the Law Office of Brian S. Karpe.
What is Dementia?
To properly grasp the need for quick legal action on estate planning documents after a dementia diagnosis, it is important to understand what dementia is and how it can affect a person’s health. According to the Mayo Clinic, dementia is a broader term that is “used to describe a group of symptoms affecting memory, thinking, and social abilities” where “the symptoms interfere with daily lives.” To be clear, dementia is not a disease in itself but rather is an umbrella term that refers to different types of diseases that all usually involve memory loss and cognitive changes.
Some forms of dementia are progressive, which means they worsen over time. When a person is diagnosed with a progressive dementia, it is especially important to make sure all legal documents have been drafted and finalized since the person is likely to lack legal capacity to make these documents at a point in the future.
Progressive dementia include Alzheimer’s disease (which is the most common cause of dementia in older adults), vascular dementia (which is often caused by strokes), Lewy body dementia, frontotemporal dementia, and mixed dementia (meaning a combination of progressive dementias, such as Alzheimer’s disease and vascular dementia). Some dementias are not progressive and are linked to specific diseases like Huntington’s or Parkinson’s disease. Whether a person still has legal capacity after a diagnosis will need to be determined.
Drafting Legal Documents After a Dementia Diagnosis
Many people who are diagnosed with a progressive dementia in relatively early stages still have legal capacity. To be clear, many people with Alzheimer’s diagnoses and other dementias can still create estate planning documents that will be valid and enforceable. The following documents are especially important for older adults with dementia diagnoses:
- Will;
- Powers of attorney;
- Advance directives, including appointment of a health care representative and a living will; and
- Appointment of a future conservator.
When it is important for the older adult to establish a trust for any reason, now is also the time to work with an estate planning attorney to create a trust.
Contact a Connecticut Elder Law and Estate Planning Attorney
If you have an elderly parent or relative who was recently diagnosed with a form of progressive dementia and there are not yet estate planning documents in place, it is important to determine if that parent or relative still has legal capacity and can draft these critical materials. You should seek advice from an experienced Connecticut elder law and estate planning lawyer at the Law Office of Brian S. Karpe today. Contact us to find out more about how we can assist you.
Sources:
mayoclinic.org/diseases-conditions/dementia/symptoms-causes/syc-20352013
ctprobate.gov/Documents/User%20Guide%20for%20Conservators.pdf
