One Senior Place: What legal steps should be taken after dementia diagnosis?

Should our family take legal steps after my dad's dementia diagnosis?

Dementia is a term for many progressive neurodegenerative disorders that affect memory, thinking, and behavior. Alzheimer accounts for about 60% of all dementias. As the disease advances, individuals may lose the ability to make informed decisions about their health care, finances and other important aspects of life.

Legal planning is absolutely crucial for ensuring that the wishes of the person with dementia are honored and that their affairs are managed appropriately. This planning also helps reduce stress for family members and caregivers.

Start planning early

Early legal planning allows the person with dementia to express their preferences and designate trusted individuals to make decisions on their behalf. This planning should be done soon after diagnosis, while the person still has the mental capacity to participate in these decisions. Without proper legal documentation, family members may face difficulties in managing the individual's affairs, leading to potential conflicts and legal challenges.

Durable power of attorney (DPOA)

A DPOA allows the person with dementia to appoint an "agent" to manage their financial affairs. The agent handles such tasks as paying bills, managing bank accounts and overseeing investments. The "durable" aspect ensures the document remains in effect even if the person becomes mentally incapacitated. The DPOA can also be helpful for the establishment of other legal documents.

Health care surrogate

Sometimes called a health care proxy, this document designates the person who will make medical decisions for an individual when they are no longer able. This includes decisions about treatments, medications and end-of-life care.

Living will

A living will outlines the person's wishes regarding medical treatments in situations where they cannot communicate their preferences. This includes decisions about life-sustaining treatments such as resuscitation, mechanical ventilation and tube feeding.

Last will and testament

A will specifies how a person's assets and property should be distributed after their death. It can also name a representative to carry out the terms of the will.

Guardianship

If the legal documents discussed above are not in place when a loved one becomes incapacitated, family members may have to seek guardianship through the courts. Obtaining guardianship can be costly, time-consuming and emotionally challenging, with a decision ultimately rendered by a judge. Guardianship grants the authority to make personal and medical decisions, while conservatorship pertains to financial decisions.

By preparing key legal documents early, families can avoid legal complications and disputes, freeing themselves to focus on the quality of life for their loved one.

Free planning seminars are offered regularly at One Senior Place. For a complete schedule, check oneseniorplace.com .

Brenda Lyle is a certified care manager and certified dementia practitioner with One Senior Place, Greater Orlando. One Senior Place is a marketplace for resources and provider of information, advice, care and on-site services for seniors and their families. Submit your questions to AskOSP@OneSeniorPlace.com . For immediate help, call 321-751-6771 or visit One Senior Place , The Experts in Aging.

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This article originally appeared on Florida Today: One Senior Place: What legal steps should be taken after dementia diagnosis?