At the Meurer Law Offices in Denver, we know how important legally protecting a family member with dementia can be. If you have a family member who is at risk from dementia or already suffering from it, you may need to get some vitally important paperwork together for their protection.
There are a number of considerations and estate planning that should take place while a person with dementia is still able to make their own decisions.
If the paperwork isn’t done while they are still able to make sound choices, then the courts might end up involved and make determinations that can have long-term consequences. Without planning, one option would be for a family member to request a conservatorship when the ailing relative becomes incapacitated. This can be expensive and time-consuming. Plus, even if it’s granted, the courts will likely remain involved until recovery or passing.
Of course, the paperwork required for legally protecting a family member with dementia can be complicated. Using an attorney who is an expert in elder law involved can be very useful. We here at the Meurer Law Office in Denver can help you with the preparation of the legal documents you may need.
Durable Financial Power of Attorney
Power of attorney enables one person to make financial decisions for someone else if they become incapacitated due to Alzheimer’s, stroke, or other lasting medical condition.
A properly executed durable financial power of attorney will help with financial institutions, such as banks. These institutions should be given the records they need to cooperate if and when the time comes. Some financial institutions prefer having their own durable power of attorney forms completed and doing this in advance of needing it will make it easier when the situation arises. An estate planning professional can walk you through all processes.
Health Care Proxy
A health care proxy is basically a durable power of attorney for medical decisions. It allows the person designated to make decisions and talk directly to doctors about health-related matters if the person with dementia is no longer able. This may include types of treatment, as well as placement in a care facility.
This is a directive done in advance that specifies the kind of medical care is wanted or not wanted near the end of their life. For example, if a person doesn’t want to end up on life support, a living will would help ensure that their wishes are followed.
Updated Will or Living Trust
A trust will enable the designated trustee to more easily manage assets after dementia has made them incapable of handling their own assets. A living trust can be particularly useful in states with difficult probate procedures.
If you need help with legally protecting a family member with dementia, please contact us here at the Meurer Law Offices in Denver. We can guide you in determining the right plan for your specific situation, as well as prepare and file all the necessary paperwork. Let us help keep the courts out of your life and your loved one protected.