While it’s important for everyone to plan for the future, legal plans are especially vital for a person diagnosed with dementia. The sooner these plans are put in place, the more likely it is that the person living with dementia will be able to participate in
the process.
Legal planning should include:
Legal capacity is the ability to understand and appreciate the consequences of one’s actions and to make rational decisions. In most cases, if a person with dementia is able to understand the meaning and importance of a given legal document, he or she likely has the legal capacity to execute (to carry out by signing) it.
As long as the person has legal capacity, he or she should take part in legal planning. A lawyer can help determine what level of legal capacity is required for a particular document, as it can vary from one type of document to another.
Before a person with dementia signs a legal document:
Need additional information about “Managing Someone Else’s Money?” Download the Consumer Financial Protection Bureau’s free, four-part guide.
Help for Powers of Attorney (PDF)
Help for Court-Appointed Guardians (PDF)
Help for Trustees (PDF)
Help for Representative Payees and VA Fiduciaries (PDF)
You can complete certain legal documents without a lawyer, but getting legal advice and services from an attorney who specializes in elder law can be especially helpful.
If you already have a lawyer, he or she may be able to refer you to an attorney that specializes in elder law. Otherwise, there are several resources available to help you locate elder law services in your community.
If you meet with a lawyer, be sure to discuss these key issues and any other concerns you may have:
Gather all documents relating to the assets of the person with dementia ahead of time so you can bring them to your appointment.
✔ Itemized list of assets (e.g., bank accounts, contents of safe deposit boxes, vehicles, real estate, etc.), including current value and the names listed as owners, account holders and beneficiaries
✔ Copies of all estate planning documents, including wills, trusts and powers of attorney
✔ Copies of all real estate deeds
✔ Copies of recent income tax returns
✔ Life insurance policies and cash values of policies
✔ Long-term care insurance policies or benefits booklets
✔ Health insurance policies or benefits booklets
✔ List of names, addresses and telephone numbers of those involved, including family members, domestic partners caregivers, as well as financial planners and/or accountants
Search Gloria’s Way for ElderLaw Attorneys.