Preparing a Legal Portfolio for a Dementia Patient: A Guide
When someone is diagnosed with dementia, it’s crucial to plan ahead for their future. This includes creating a legal portfolio that outlines their wishes and ensures their rights are protected. Here’s a simple guide to help you prepare this essential collection of records.
### Understanding the Importance
Dementia can gradually take away a person’s ability to make decisions on their own. By planning ahead, you can ensure that your loved one’s wishes are respected and that they receive the care they need. This process provides peace of mind for both the person with dementia and their family.
### Key Documents
1. **Advance Care Directive**
– This document communicates your values, preferences, and directions regarding future healthcare and treatments. It’s essential to discuss your wishes with your healthcare provider and family to ensure everyone understands your decisions.
2. **Enduring Power of Attorney (EPOA)**
– An EPOA allows you to appoint one or more people to make financial or legal decisions on your behalf. This document is crucial for managing your assets and making important financial decisions.
3. **Enduring Guardian (or Medical Treatment Decision-Maker)**
– This document appoints someone to make medical and healthcare decisions for you. It’s vital to choose someone you trust who understands your medical needs and values.
4. **Will**
– Your will sets out who will inherit your assets, such as money or property, after you pass away. It’s important to review and update your will regularly to reflect any changes in your wishes.
### Steps to Prepare Your Portfolio
1. **Consult an Attorney**
– Working with an attorney can help you understand the legal process and ensure that all necessary documents are in place. They can guide you through the complexities of each document and help you tailor them to your specific needs.
2. **Review and Update Regularly**
– Planning ahead doesn’t happen once; it’s an ongoing process. Review your plans regularly to ensure they reflect your current wishes and circumstances. This might include changes in your health, support structures, or the ability of your appointed decision-makers.
3. **Communicate with Family and Caregivers**
– Open communication with your family and caregivers is essential. Make sure they understand your wishes and the roles they will play in making decisions on your behalf.
4. **Store Your Documents Safely**
– Keep your legal documents in a safe and accessible place, such as a fireproof safe or a secure online storage service. Ensure that your appointed decision-makers know where to find these documents.
### Additional Considerations
1. **Resident Rights in Nursing Homes**
– If you or your loved one is in a nursing home, it’s crucial to understand the legal protections in place. These include the right to be free from abuse, neglect, and exploitation, as well as the right to respectful treatment and decision-making support[2].
2. **Dementia Statements**
– The Dementia Statements reflect the essential rights and needs of people with dementia. These include the right to be recognized as who you are, to make choices about your life, and to receive compassionate and properly funded care[4].
3. **Power of Attorney for FTD**
– For those diagnosed with Frontotemporal Dementia (FTD), it’s essential to designate someone to make medical and financial decisions. A Power of Attorney (POA) can be durable or springing, depending on the state’s laws[5].
By following these steps and creating a comprehensive legal portfolio, you can ensure that your loved one with dementia receives the care and respect they deserve. This process not only provides peace of mind but also helps protect their rights and wishes in the future.
