When someone receives a dementia diagnosis, it can feel overwhelming. But taking certain legal steps early on can make a big difference in protecting the person’s rights, finances, and care as the condition progresses. Here’s what to consider doing right away and over time.
**Start with Power of Attorney Documents**
One of the very first things to do is create durable powers of attorney for both healthcare and finances. These legal papers let someone trusted—often a family member or close friend—make medical decisions and manage money if the person with dementia becomes unable to do so themselves. It’s important these documents are signed while the individual still has capacity to understand what they mean.
**Make an Advance Healthcare Directive**
Alongside powers of attorney, an advance healthcare directive (sometimes called a living will) spells out wishes about medical treatment in situations where the person cannot communicate their preferences later on. This helps guide doctors and loved ones about care choices like life support or resuscitation.
**Consider Estate Planning Early**
Dementia affects decision-making ability gradually but unpredictably. Getting estate planning done early ensures that assets are protected according to the person’s wishes before cognitive decline limits their ability to sign documents legally. This may include drafting wills or setting up trusts designed for long-term care needs.
**Plan for Long-Term Care Costs**
Dementia often requires expensive caregiving services over many years. Legal planning should address how those costs will be covered—whether through personal savings, insurance policies like Medicaid, or other resources—and how assets might be preserved during this process.
**Appoint Guardianship if Needed**
If dementia advances beyond where powers of attorney apply—for example, if there is doubt about whether decisions made under those authorities are valid—a court-appointed guardian may become necessary to oversee personal and financial matters legally.
**Keep Important Documents Organized**
Gather all essential paperwork such as birth certificates, marriage licenses, property deeds, insurance policies, bank statements, tax returns, and previous wills into one place accessible by trusted family members or advisors.
**Schedule Regular Reviews**
Because dementia is progressive and circumstances change over time (health status shifts; financial situations evolve), revisit legal plans regularly with an elder law attorney who understands these issues well. Adjustments might be needed as new challenges arise.
Taking these steps early after diagnosis provides peace of mind that your loved one’s interests are protected now—and in whatever future lies ahead—even when they can no longer speak for themselves directly. It also helps families avoid costly court battles later by having clear authority established from the start.
