Alzheimer`s Legal Issues

  • Uncategorized

A permanent power of attorney (LPA) is a legal document that allows you to select a person (or people) you trust to act on your behalf when you are no longer able to make your own decisions. Pre-registration is not legally binding, but your lawyer (if you have one) and your healthcare team will consider it. You may find that you are quite capable of making decisions about what to buy at the supermarket or what to wear, but you will have a hard time understanding more complex financial issues. In the early stages of Alzheimer`s disease, an elderly person and their family may be in denial, attributing memory lapses and personality changes to “just getting older.” A recent study by Johns Hopkins Medicine found that more than half of people with dementia have never been diagnosed or informed of their diagnosis! But we should not be burying our heads in the sand. The earlier Alzheimer`s disease is diagnosed, the more time the person and family have to start financial, legal and nursing planning. It`s always a good idea to explicitly state your end-of-life wishes (so-called “living wills”), otherwise emotions can overshadow a parent`s desire not to be kept alive with a feeding tube, for example. These end-of-life issues may need to be addressed on a regular basis as the situation evolves. Once the legal documents are completed, the person with dementia, the caregiver or a trusted family member, the lawyer and health professionals should all have copies. Medical and legal experts say that the newly diagnosed person with Alzheimer`s disease or related dementia and their family should make or update a will as soon as possible after diagnosis. In addition, it is often the children of adults with dementia who end up making decisions on their behalf.

But it`s important for family members to understand the legal and financial implications of their actions. Families who can`t afford a lawyer can always plan for the future. Examples of basic health planning documents are available online. Officials of the Regional Agency on Aging may provide legal advice or assistance. Other possible sources of legal assistance and referral include state legal aid offices, state bar associations, local non-profit organizations, foundations, and social services. Planning for the legal and financial future is essential for people with Alzheimer`s disease, their families and caregivers. The costs associated with Alzheimer`s disease – including medical bills, prescription costs, care and long-term care – can add up and quickly eat up personal savings. It is important that your legal affairs are settled as a will and powers of attorney before the illness progresses. Some of the cases mentioned in this special report were initiated by Carole Lamson or David Cutner before Lamson & Cutner was founded. The lawyers and paralegals working on these cases joined Lamson & Cutner when it was created, and the clients involved all transferred their legal representation to Lamson & Cutner. People in the early stages of Alzheimer`s disease can be very competent (i.e.

still be able to understand and make decisions about their own legal or financial affairs). A court does not automatically assume that a patient with Alzheimer`s disease is legally incapable. However, a competent patient with a recent diagnosis of Alzheimer`s disease should not hesitate to take legal and financial protections before the disease progresses further. You can fill out some legal documents without a lawyer, but it can be especially helpful to get legal advice and services from a lawyer who specializes in older law. Living wills for financial and estate administration must be written, while the person with Alzheimer`s disease or related dementia is “legally capable” of making decisions on their own, meaning they can always understand the decisions and their meaning. These guidelines may include the following: While some of the discussion in this report may be useful for those living in other states, these methods are particularly relevant for New York residents. Note that the laws in different jurisdictions are very different. You should consult a qualified senior law attorney at your location if you live in another state. This document does not constitute legal advice. Each situation is unique and must be carefully assessed by a competent elder law lawyer in order to be treated properly.

Contact us today! Find your situation This special report is provided free of charge by Lamson & Cutner seniors, people with disabilities and their families for informational purposes only. It is not intended to provide legal advice in relation to your individual situation or to be relied upon as such. While it can be said that a group or set of cases involves similar topics or patterns of facts, each case has its own unique facts. These unique facts may require a different approach or strategy than other cases that appear to be similar, at least superficially. Only an experienced lawyer, who deals individually with the specific facts of your case, is able to provide you with reliable legal advice. A continuing power of attorney is a way to give another person or person the opportunity to make decisions about your property and finances on your behalf. For these reasons, Alzheimer`s disease tends to involve a more complex planning process than most other conditions, and some strategies are becoming more important. This discussion is an overview of the planning process if you are facing Alzheimer`s disease or another form of dementia. These are essential things that Lamson & Cutner highly recommends in order to get the best possible result from your legal and financial planning.

Close Menu