Securing legal support to address the evolving needs of a family member with dementia
**Securing Legal Support for a Family Member with Dementia**
When a family member is diagnosed with dementia, it can be a challenging and emotional time. As the condition progresses, it’s essential to address the evolving legal, financial, and health insurance needs of the individual. This article will guide you through the steps to secure the necessary legal support.
### Understanding the Importance of Legal Planning
Dementia progressively affects a person’s thinking and decision-making abilities. This means that it’s crucial to address legal, financial, and insurance considerations as soon as possible. By doing so, the person diagnosed can make their wishes known and participate in planning, ensuring their rights and protections are respected.
### Key Legal Documents
1. **Power of Attorney (POA)**
– A POA is a legal document that authorizes another person to make medical and/or financial decisions on your behalf. It can be as simple or as detailed as you like, although its scope may be limited based on your state. There are two main types of POAs:
– **Durable Power of Attorney (DPOA):** Effective immediately, giving the agent decision-making power after the principal becomes mentally or physically incapacitated.
– **Springing Power of Attorney:** Takes effect once the individual loses their decision-making ability.
2. **Advance Directive or Living Will**
– These documents state an individual’s wishes for medical treatment and services. Unlike a POA, they do not appoint someone else to make decisions for them. The rules governing these documents vary by state, and in some cases, they can be combined in a single document.
3. **Guardianships and Conservatorships**
– These are legal arrangements where a family law judge appoints a third party to make decisions for an individual deemed unable to manage their own affairs. This is an extreme step often involving contentious and expensive legal proceedings, and should only be considered after all other options have been explored.
### Consulting Legal Professionals
To find the right attorney for your family, consider the following:
1. **Elder Law Attorney**
– Specializes in issues like Social Security and disability benefits, decision-making powers, retirement planning, and preparing documents such as POAs, wills, and advance medical directives.
2. **Employment Law Attorney**
– Helps with questions about job loss due to dementia and how family members can use the Family Medical Leave Act (FMLA) to care for the person with dementia.
3. **ERISA Attorney**
– Assists in preserving employee retirement and health benefits after the person with dementia becomes unable to work.
4. **Disability Attorney**
– Navigates the SSDI and SSI application processes.
5. **Financial Planner**
– Helps organize financial resources and explain long-term payment options.
### Finding the Right Attorney
– Use networks like the National Academy of Elder Law Attorneys or your local bar association to find an attorney who practices in your state.
– Ask for suggestions from other care partners to find an attorney familiar with the needs of families with dementia.
### Practical Steps
1. **Create a POA**
– Ensure that your POA is durable or springing, depending on your needs.
– Make sure it is signed by an individual who is deemed legally competent at the time.
2. **Set Up an Advance Directive**
– Clearly state your wishes for medical treatment and services.
– Combine it with a POA if allowed by your state.
3. **Consult an Attorney**
– Discuss your options with an attorney as soon as possible after diagnosis.
– Ensure the individual with dementia can participate in the planning process.
4. **Explore Guardianships and Conservatorships**
– Consider these options only after all other legal and financial arrangements have been explored.
By securing the right legal support, you can ensure that your family member with dementia receives the care and protection they need, both now and in the future. Remember to
