### Addressing Gaps in Legal Care Planning for Individuals with Alzheimer’s
As the population ages, the number of people affected by Alzheimer’s disease is growing. This condition not only affects the individual but also their loved ones, who often find themselves in the challenging role of caregivers. One of the most critical aspects of caring for someone with Alzheimer’s is ensuring that their legal affairs are in order. This includes planning for their financial and medical needs, as well as making decisions about their care when they are no longer able to do so themselves.
### Understanding the Importance of Legal Care Planning
Legal care planning involves creating documents that outline how an individual’s affairs will be managed if they become incapacitated. This includes:
– **Durable Power of Attorney (DPOA):** This document allows you to appoint someone to handle your financial matters, such as managing bank accounts, paying bills, and making financial decisions. It remains effective even if you become incapacitated but ends with your death[1].
– **Advance Healthcare Directive (AHCD):** Also known as a Living Will, this document empowers a trusted person to make medical decisions for you when you are unable to do so. It includes instructions about end-of-life care, organ donation, and other critical healthcare decisions[1].
– **HIPAA Authorization:** This document allows your designated Healthcare Agent access to your medical records without violating privacy laws. Without it, doctors and hospitals may refuse to share critical information[1].
### Common Pitfalls in Legal Care Planning
While it’s essential to have these documents in place, there are common pitfalls to avoid:
– **Relying on DIY Documents:** Free legal forms online often lack the specificity and flexibility needed for real-world situations. This can lead to confusion and even court battles[1].
– **Failing to Update Documents:** Life changes, such as marriages, divorces, or moves to a new state, can render parts of your plan obsolete. Regularly reviewing and updating your documents is crucial[1].
– **Not Funding the Trust:** A trust is only as good as the assets it holds. If your house, bank accounts, or investments aren’t titled in the name of your trust, those assets won’t be protected in the event of incapacity[1].
### Navigating the Financial and Healthcare Systems
When someone with Alzheimer’s becomes incapacitated, there are two primary areas that must be managed: medical and caregiving matters on one hand, and financial matters on the other. These responsibilities are often assigned to a single Successor Trustee or divided among different agents. However, managing these complex systems can be challenging, especially when dealing with large bureaucracies and accessing financial accounts[1].
### Seeking Professional Help
Given the complexity of legal care planning, it’s essential to seek the help of a qualified Estate Planning lawyer. These professionals can guide you through the process, ensuring that your documents are comprehensive and compliant with state laws. They can also help you avoid common pitfalls and create a plan that suits your unique situation[1].
### Action Steps to Take Today
1. **Gather Your Documents:** Locate your Living Trust, Durable Power of Attorney, Advance Healthcare Directive, and other key papers.
2. **Review and Update:** Check that your documents reflect your current situation and wishes and comply with state law. It’s often difficult for a layperson to interpret the actual consequences of the language, so working with a qualified Estate Planning firm is recommended.
3. **Talk to Your Family:** Let your family and especially your Successor Trustee know where your documents are stored and discuss your preferences.
4. **Consult a Professional:** Work with an experienced Estate Planning lawyer to address gaps in your plan and make sure everything is up to date and complies with any changes in the law.
By taking these steps, you can ensure that your loved one with Alzheimer’s receives the best possible care, both medically and financially, even when they are no longer able to
