Everyone, especially individuals diagnosed with Alzheimer’s disease, should plan for the future.  Legal planning should begin soon after a diagnosis is made and includes putting in place documents that:

• authorize another person to make healthcare and financial decisions
• include financial plans for long term-care coverage

If the person with Alzheimer’s has legal capacity the level of mental functioning necessary to sign official documents,  should actively participate in the legal planning process.  It is important to determine whether or not the person with Alzheimer’s is able to understand explanations of legal documents and the implications of signing them.

Talk with the person:  Find out if the person with Alzheimer’s understands what is being explained and asked of him.

Ask for medical advice if needed:  Consult a medical professional if there is a question as to whether or not the person with Alzheimer’s has legal capacity.

Take inventory of existing legal documents:  Check to see if living wills, trusts and powers of attorney were executed prior to the diagnosis of Alzheimer’s disease.

Commonly used documents in legal planning for individuals with Alzheimer’s include:

• Power of Attorney
• Power of Attorney for Health Care
• Living Will
• Living Trusts
• Will
• Guardianship/Conservatorship

Tips for legal planning

• Always name a successor or “back up” agent in the event that the primary agent becomes unable or unwilling to act.
• Consider a neutral thrid person as an agent under the power of attorney if immediate family members don’t get along.
• If there is no family member availble who has the time or expertise to manage the estate of the person with Alzheimer’s disease, consider having a bank manage the estate.
• Be sure that all designated individuals have a copy of the power of attorney and have access to the original document.
• Be sure physicians and other health care providers have a copy of the power of attorney for health care and a signed living will on file.
• Inquire whether or not the health care agent has authority to consent to brain autopsy.

Information provided by alzchi.org