**Addressing Shared Property Concerns Legally in Families Facing Alzheimer’s**
When a family member is diagnosed with Alzheimer’s, it can bring about a multitude of challenges, including managing shared property. Ensuring that the legal aspects of property management are handled properly can help prevent disputes and ensure that everyone’s needs are met. Here’s a straightforward guide on how to address shared property concerns legally in families facing Alzheimer’s.
### Understanding the Importance of Legal Planning
Alzheimer’s disease can significantly impact a person’s ability to manage their finances and make decisions. To avoid potential legal issues, it is crucial to plan ahead. This involves creating important documents that will guide decision-making processes if the person with Alzheimer’s becomes incapacitated.
#### Key Legal Documents
1. **Durable Power of Attorney**: This document grants another person (often a spouse, adult child, or close friend) the authority to make financial and business decisions on behalf of the person with Alzheimer’s. It is essential to choose someone you trust implicitly.
2. **Durable Power of Attorney for Health Care Decisions**: This document allows another person to make health care decisions if the person with Alzheimer’s cannot do so themselves. These decisions can include selecting doctors, hospitals, treatments, and medications.
3. **Health Care Treatment Directive (Living Will)**: This document outlines the person’s wishes regarding life support in the event of terminal illness. It provides clarity on whether or not to withdraw life support.
Without these powers of attorney, a court-appointed conservator or guardian might be necessary to handle financial and health care matters, which could lead to a loss of control over personal and financial decisions[1].
### Medicaid Planning
Medicaid is a federally funded program that helps pay for health care costs, including those associated with Alzheimer’s. However, applying for Medicaid can be complex, and it is often necessary to seek legal assistance to ensure all forms are completed accurately and completely.
Medicaid planning involves strategies to maximize the amount of money that can be kept for family care while still qualifying for government benefits. This includes listing and reviewing assets and income sources to determine what can be kept (exempt assets) and what must be spent down to meet Medicaid eligibility requirements[1].
### Division of Assets
When applying for Medicaid, married couples must go through a process called division of assets. This involves dividing the couple’s assets in half after deducting exempt assets from the total. The spouse keeps their half (up to a maximum of approximately $123,600), while the other spouse must “spend down” their half until their assets total no more than $2,000 in North Carolina. Exempt assets include the residence, one motor vehicle, furniture, household belongings, personal jewelry and clothing, prepaid funeral plans, and whole life insurance with a death benefit of $10,000 or less[1].
### Resolving Disputes Over Inheritance
Disputes over inheritance rights can arise, especially in blended families or when a decedent dies without a will (intestate). In Texas, for example, property acquired during marriage is typically owned jointly by both spouses. However, disputes may occur when children from different marriages or other family members contest their share of the estate[2].
### Communicating with a Loved One
Communicating with a loved one who has Alzheimer’s requires patience, time, and clarity. Experts recommend taking your time when speaking, as it may take the person with dementia up to 30 seconds to process and respond to information. Avoid asking the same question multiple times or speaking louder, as this can cause confusion and frustration[3].
### Divorce as an Option
In some cases, dementia can make a quality marital relationship impossible. If caring for a spouse with dementia becomes too challenging, divorce may be an option. However, the spouse with dementia still has a legal right to their fair share of marital property, even if they cannot manage financial issues. Negotiating with the other spouse’s guardian can help ensure
