Hoarding and Dementia: Navigating Tough Estate Planning Waters

Planning for the future of an aging loved one is always a delicate task. However, it becomes even more complex when facing two challenging realities: hoarding and dementia. This combination presents unique hurdles in managing their belongings and ensuring their well-being. However, with the right approach and guidance, families can navigate these challenging waters and create a comprehensive estate plan.

Understanding the Challenges Associated with Hoarding:

Hoarding disorder, characterized by excessive acquisition and difficulty discarding possessions, can significantly complicate estate planning. The sheer volume of belongings can make it difficult to assess their value. What’s more, determining beneficiaries, and even accessing living spaces for necessary repairs or modifications pose issues. Dementia, a progressive decline in cognitive function, can further impact an individual’s decision-making capacity. As a result, it becomes crucial to act while they still possess the legal ability to do so.

Taking Action:

Here are some key steps families can take to create an effective estate plan in hoarding situations:

1. Early Planning and Communication:

Don’t wait until a crisis arises. Start the conversation with your loved one early, while they are still mentally competent. Openly discuss their wishes for their belongings and future care. This early communication can help avoid conflict and legal battles down the line.

2. Secure Legal Documents:

• • Durable Power of Attorney
    This document empowers a trusted individual to make legal and financial decisions on their behalf when they are no longer able to do so themselves. Choose someone responsible and who understands their wishes clearly.

  • Healthcare Directive
    This document appoints an individual to make healthcare decisions in case of incapacity. Consider appointing a different individual for this role compared to the power of attorney to avoid potential conflicts of interest.

  • Will
    This outlines how personal property assets will be distributed after their passing. Be specific about how to handle the hoarded items, considering options like professional liquidation services, donations, or specific bequests to individuals who can manage them responsibly.

  • Revocable Living Trust
    This document is the “center piece” of the estate planning documents and directs how monetary and real property assets will be distributed at death. The Trust also appoints the successor trustee to administer the trust during the lifetime of the maker of the trust and at the time of death.

3. Seek Professional Support:

• Attorney Specializing in Elder Law
  They can help navigate the legal complexities of dementia and ensure documents are properly drafted to meet specific needs.

• Professional Organizer
  Working with a professional organizer can help declutter the living space in a compassionate and respectful manner, while also prioritizing safety and maintaining essential items.

• Financial Advisor
  They can assist in managing finances and ensuring financial security for your loved one, especially if their ability to handle finances diminishes due to dementia.

• Geriatric Care Manager
  This specialized professional can provide comprehensive support, coordinating care, managing resources, and advocating for your loved one’s best interests.

4. Prioritize Safety and Respect

   Throughout the process, it’s crucial to prioritize your loved one’s safety and well-being. Be patient, understanding, and avoid triggering anxiety or conflict. Respect their emotional attachment to their belongings, even if you don’t understand it. Focus on solutions that ensure their safety, address health concerns, and create a dignified living environment.

5. Connect with Support Groups:

Connecting with support groups for families facing similar challenges can offer invaluable emotional support, share experiences and strategies, and gain valuable insights from others navigating similar situations.

Remember: There is no one-size-fits-all approach. Each situation is unique, and the specific steps will vary depending on the individual’s circumstances and the severity of both hoarding and dementia. However, by taking proactive steps, securing professional support, and prioritizing your loved one’s well-being, families can navigate this complex situation and create a plan that provides for their future and honors their wishes.

Additional Resources:

• National Association of Professional Organizers (NAPO): https://www.napo.net/page/NAPOHistory
• National Alliance on Mental Illness (NAMI): https://www.nami.org/Home
• The Alzheimer’s Association: https://www.alz.org/

About Walnut Creek Elder Law in Walnut Creek, California

Michael J. Young is an experienced elder law, estate planning and asset protection planning attorney in Walnut Creek, CA. Mr. Young advises his clients regarding their estate planning needs with an emphasis on asset protection, Medi-Cal qualification, and preservation of assets for various levels of their care as they get older.  Mr. Young’s journey into elder law began when his mother suffered from an acute injury that required her to be in a skilled nursing facility. He is co-author of the book, Don’t Go Broke in A Nursing Home and is the author of the “Alzheimer’s Legal Survival Guide.” Mr. Young presents monthly workshops in Walnut Creek regarding estate planning, asset protection, and Medi-Cal planning. He has helped many clients over the years successfully qualify for Medi-Cal and has protected their assets from state recovery. Call today to schedule a consultation (925) 256-0298.