What Caregivers Need to Know About Estate Planning for a Loved One With Dementia - Part 2
Last week, we started discussing the importance of estate planning for a loved one diagnosed with dementia and how crucial it is to protect their wishes through a solid estate plan. We covered:
The concept of mental capacity and incapacity
The impact of dementia on estate planning capabilities
Immediate essential estate planning tools for someone with dementia
As dementia progresses, it's vital to adopt a more proactive and strategic approach to estate planning to prevent court disputes and ensure your loved one’s wishes are honored. If planning isn't completed before dementia becomes too advanced, the responsibility of managing your loved one's assets and care may fall to a judge unfamiliar with their preferences.
Steps for Estate Planning with Advanced Dementia
Get a Cognitive Evaluation
If there are concerns about your loved one's cognitive capacity, a professional evaluation is a wise and proactive step. Schedule an appointment with their primary care physician or a dementia specialist to assess their mental state and determine their ability to make estate planning decisions.
During the evaluation, the medical professional will ask questions about daily life, awareness of circumstances, and decision-making in various scenarios, such as dealing with a stranger at the door or handling a home emergency.
Your loved one doesn’t need to remember every detail of their life for the evaluation to be useful. The focus will be on their ability to analyze situations and make thoughtful decisions. For instance, they might not recall the day of the week but understand they shouldn’t open the door for a stranger.
A report from the doctor affirming their cognitive ability to make estate planning decisions (at least during lucid moments) supports their decision-making capacity for financial and healthcare matters and helps prevent future disputes about their competence.
Encourage Private Lawyer Meetings
While it's natural to assist your loved one with appointments, it's crucial to allow them to meet with their lawyer privately whenever possible. Private meetings enable them to express their wishes without external influence.
Even if they prefer your presence, encourage private conversations with their lawyer to prevent any questions about potential influence over their estate planning decisions. If a full private meeting isn’t feasible, ensure they have moments alone with their attorney to confirm their wishes.
Document each private meeting, and ask the lawyer to do the same.
Ensure Proper Execution of the Estate Plan
Mistakes during the signing of an estate plan are common. Each state has specific laws on how estate planning documents must be executed, signed, and witnessed. Improper execution can lead to court involvement to validate the plan, creating opportunities for disputes about your loved one’s mental state.
To avoid this, document your loved one’s capacity at the time of signing. Ensure their lawyer reviews the documents thoroughly, confirming they reflect your loved one’s wishes and are created freely.
If you’re concerned about potential disputes from family members, consider recording the signing meeting to demonstrate that your loved one understood and willingly created the plan.
Conclusion
If your loved one has been diagnosed with dementia and hasn’t yet addressed their legal matters, act quickly. Even in advanced stages, individuals may have lucid moments for decision-making and estate planning. However, due to the progressive nature of dementia, time is of the essence.
In cases where capacity is significantly diminished and planning isn’t completed, the family must seek court guardianship. This legal process appoints a guardian to make decisions on behalf of the person with dementia, which can be stressful and might result in an undesirable guardian appointment.
To ensure your loved one's wishes are documented in time, book a Legacy Planning Session with our office today. Our team provides compassionate guidance and legal expertise to secure your loved one's well-being and wishes.
This article is a service of Zarda Law, S.C. We do not just draft documents; we ensure you make informed decisions about life and death, for yourself and the people you love. That's why we offer Legacy Planning Session, during which you will get financially organized and make all the best choices for the people you love. You can begin by scheduling a Legacy Planning Session and mention this article to find out how to get this $750 session at no charge.
