A diagnosis of early-stage Alzheimer’s disease for a 60-year-old man led to many changes for one couple. The disease’s progression is slow, so he is still able to do some things he did beforehand, including driving with some restrictions and riding his bike.
A recent article from Deseret News, “Before memory fades: Why families can’t wait on estate planning after this diagnosis,” reports the couple met with their estate planning attorney just days after his diagnosis. They can’t change his diagnosis, but they could, and did, take control of their future.
There are 7.4 million Americans now living with Alzheimer’s Disease. What are families doing to prepare? What does estate planning look like for those living with this disease?
Having advance directives and power of attorney is step one.
A last will and testament and, if appropriate, a trust, should also be completed as soon as the diagnosis occurs. If a person loses the legal capacity required to execute a particular document, they may no longer be able to validly sign that document. There is no time for delay.
Families tend to deny or delay getting a diagnosis, hoping their loved one doesn’t really have an incapacitating illness. But this isn’t a time for delay. Without the right documents in place, family members may lack the legal authority to make crucial decisions for their loved ones. Or, they may have to petition the court to obtain guardianship, a far more expensive and time-consuming process than having an estate planning attorney create a power of attorney, healthcare proxy, and living will.
The person named in the power of attorney, healthcare proxy, and living will is tasked with making the decisions the person would have wanted. This is made less awful if the person has clarified their wishes in other documents, like a letter of intent or a video of their wishes.
Making videos of the person discussing their wishes, or having them complete questionnaires, may be helpful. Answers to questions like “If you have a heart attack or stroke, do you want to be resuscitated?” may be difficult to consider, but will be helpful for loved ones. Having these conversations and completing directives will clarify wishes and minimize family disputes.
If there is a family member known to be problematic, the estate planning attorney may have a doctor test and certify that the person had legal capacity on the day the estate planning took place and on the day the documents were signed. This may help provide evidence of capacity if the will is later contested.
A dementia diagnosis is a frightening event. The diagnosis and the progression of the disease can’t be changed, but estate planning can support dignity, safety, and peace of mind for the individual and their families.
Legacy One Law Firm, APLC is an estate planning and probate administration law firm in Los Angeles, California, serving families throughout the State. We help individuals and families establish living trusts, wills, powers of attorney, advance healthcare directives, and other essential estate planning documents designed to protect their loved ones and preserve their legacy. Schedule a quick and easy consultation with estate planning attorney Sedric E. Collins, Esq., or call 323-900-5450.
