**Ensuring Legal Documentation is Current as Dementia Evolves**
As a family member’s dementia progresses, it’s crucial to keep their legal documentation up to date. This ensures that their wishes are respected, their rights are protected, and they receive the care they need. Here’s why and how to do it.
### Why Update Legal Documentation?
Dementia can significantly impact a person’s ability to make decisions. As the condition worsens, they may struggle with memory, speech, and judgment. This makes it essential to have someone who can advocate on their behalf. Updating legal documents ensures that this person has the necessary authority to make decisions and manage the individual’s affairs.
### Key Legal Documents to Update
1. **Power of Attorney (POA)**: This document grants a trusted loved one the authority to make medical, financial, and personal decisions. It ensures that the principal’s wishes are carried out and helps protect them from mistreatment.
2. **Estate Plan**: An estate plan includes documents like a will, living trust, and advance directives. Updating this plan ensures that the individual’s assets are managed according to their wishes and that family disputes are minimized.
3. **Medical Orders for Life-Sustaining Treatment (MOLST)**: This form documents a patient’s treatment preferences concerning life-sustaining treatment. It is particularly important for individuals who lack decision-making capacity due to dementia.
4. **Resident Rights in Nursing Homes**: If the individual is in a nursing home, it’s crucial to ensure they receive respectful treatment, privacy, and decision-making support. Nursing homes must comply with federal and state regulations to protect residents with dementia.
### How to Update Legal Documentation
1. **Consult an Attorney**: Working with an elder law attorney is essential. They can help you understand the legal implications of dementia and guide you through the process of updating your loved one’s documents.
2. **Review and Update Documents**: Regularly review existing documents and update them as needed. This includes creating or updating a POA, estate plan, and MOLST form.
3. **Maintain Open Communication**: Keep open communication with the nursing home staff and caregivers. This helps you stay informed about your loved one’s condition and ensures that any concerns are addressed promptly.
4. **Document Everything**: Keep personal notes on your loved one’s condition and photograph any concerning signs like bedsores or bruises. This documentation can be crucial in case of neglect or abuse.
5. **Look for Warning Signs of Abuse**: Be vigilant for signs of abuse, such as unexplained injuries, changes in behavior, or unexplained financial transactions. If you have concerns, speak up and seek help immediately.
### Conclusion
Ensuring that all legal documentation is current as a family member’s dementia evolves is crucial for their well-being and protection. By updating key documents like POA, estate plans, and MOLST forms, you can ensure that their wishes are respected and their rights are protected. Regular communication with caregivers and vigilance for signs of abuse are also essential steps in ensuring their safety and dignity.
