The stereotypical opening line of a last will and testament begins with, “I, (name), being of sound mind, do hereby bequeath . . . ” Then, the testator lists the beneficiaries of his or her estate and other last wishes. The “sound mind” part is key to establishing the validity of the will and making sure the testator’s last wishes are carried out. For Lehigh Valley and Allentown residents, when a loved one has been diagnosed with dementia, and is even in a memory care community, it is important for the patient and caregivers to initiate legal procedures, like wills and power of attorney, while the patient can actively and coherently participate (*legal capacity).
Putting legal matters in order in advance can prevent confusion and even conflict over caregiving responsibilities and inheritance matters. It allows time to navigate complex legal and financial issues that can arise with long-term and end-of-life care situations. (NOTE: This article is not intended to provide legal advice and should not be taken as such.)
Legal planning should include:
- making plans for health care and long-term care (advance directive*).
- making plans for finances and property (inheritance or disposition of property if the loved one is not returning home).
- naming another person to make decisions on behalf of the person with dementia (power of attorney* or executor*).
No matter how large or small the estate or how complex or simple the situation appears, it is best to consult an attorney who specializes in elder law before taking any legal steps. This is especially important if you suspect that your loved one is or has been a victim of any scam or abuse, or has mishandled funds or property due to the onset of dementia.
Be ready to talk openly and accurately with the attorney. Subjects should include:
- options for health-care decision-making for the person with dementia.
- options for managing the person’s personal care and property.
- possible coverage of long-term care services, including what is provided by Medicare, Medicaid, veteran benefits, and other long-term care insurance.
Gather all documents relating to the assets of the person with dementia ahead of time so you can bring them to your appointment. These may include:
- itemized list of assets (e.g., bank accounts, contents of safe deposit boxes, vehicles, real estate, etc.), including current value and the names listed as owners, account holders. and beneficiaries.
- copies of all estate planning documents, including wills, trusts, and powers of attorney.
- copies of all deeds to real estate.
- copies of recent income tax returns.
- life insurance policies and cash values of policies.
- long-term care insurance policies or benefits booklets.
- health insurance policies or benefits booklets.
- admission agreements to any health care facilities.
- list of names, addresses, and telephone numbers of those involved, including family members, domestic partners, and caregivers, as well as financial planners and accountants.
*Definitions
- Legal capacity refers to a person’s soundness of mind and ability to intelligently understand his or her actions, and execute his or her will by signing documents.
- There are two types of advance directives. The living will expresses the patient’s wishes regarding what life-prolonging treatments should be performed when the patient is terminal or in a persistent vegetative state. Medical power of attorney allows the appointee to make medical decisions should the patient be unable to make those decisions.
- Power of attorney designates a responsible person who can make financial and other decisions on the patient’s behalf when he or she is no longer able.
- The executor of a will manages the estate of the loved one after he or she passes away.
As much as possible, the loved one experiencing dementia should participate in the legal process. He or she should review all documents and decisions. This will not only avoid a messy future, making it easier for the caregivers — it also puts them at ease and makes them feel competent, as well as confident that their loved ones will take care of them and their wishes.
Whatever the cause of your or your loved one’s memory issues, South Mountain Memory Care, with our unique culture, “small house” model, and abundance of certified caregivers, offers you the peace of mind of knowing your loved one will be cared for as if they were our family—which they are!
South Mountain Memory Care is committed to providing individualized, compassionate care to support our residents in achieving a well-balanced lifestyle. We strive to allow our residents to remain independent while emphasizing safety. Our focus is to enrich their life—mind, body, and spirit—by bringing new initiatives into their day-to-day regimen while maintaining the activities they find comfort in. South Mountain Memory Care offers the peace of mind you deserve. When it comes to those you care so deeply about, we understand because we care, too.