Estate planning can be complex, but it becomes even more critical for individuals diagnosed with dementia. Elder law attorneys play an important role in ensuring that clients with dementia have their needs met. They offer specialized guidance and support during the estate planning process.
Understanding the client’s capacity
Elder law attorneys start by assessing the client’s legal capacity. This step determines whether the client can make informed decisions about their estate. If dementia has impaired the client’s decision-making abilities, the attorney may involve a family member or guardian to act on behalf of the client.
Creating comprehensive plans
After establishing capacity, attorneys work closely with clients and their families to develop a comprehensive estate plan. This plan typically includes a durable power of attorney, which designates someone to make financial decisions. They will also assign a healthcare proxy, which appoints a person to make medical decisions. Elder law attorneys ensure these documents reflect the client’s wishes and comply with state laws.
Planning for long-term care
Clients with dementia often worry about their long-term care. Elder law attorneys help families navigate options like Medicaid planning, ensuring they preserve resources while qualifying for necessary care. They also assist in setting up trusts that protect assets and provide for the client’s needs as their condition progresses.
Guiding families through planning
Elder law attorneys offer families reassurance that their loved ones will be cared for and their wishes honored. They guide clients through the complexities of estate planning with a focus on dementia-related needs. This helps families navigate challenging times with confidence and clarity.
