Alzheimer’s Disease
Dementia is a progressive neurodegenerative disorder that affects memory, thinking, and behavior. As diseases such as Alzheimer’s progresses, it can make it increasingly difficult for individuals to manage their affairs and make complex decisions. This raises the question: can someone with Alzheimer’s Disease still create an estate plan?
The Answer is Often Yes
While it may seem counterintuitive, many individuals with Alzheimer’s disease can still create an estate plan. The key is to act early, before the disease significantly impairs cognitive function. With appropriate support and guidance, it is often possible to establish a plan that reflects the person’s wishes and protects their interests.
Understanding Mental Capacity
Under California law, a person must have “sound mind” to create an estate plan. This means they must be able to:
- Understand the nature of their property
- Comprehend the consequences of their actions
- Be free from undue influence
Determining mental capacity can be challenging, especially in cases of Alzheimer’s disease. A doctor’s note confirming good mental capacity is often sufficient for the attorney to move forward with the creation of an estate plan.
Time is of the Essence in Alzheimer’s Disease
If a doctor diagnoses you or a loved one with Alzheimer’s Disease, act quickly. As the disease progresses, it will become increasingly difficult for your loved one to make decisions and manage complex affairs. By creating an estate plan early, you can:
- Express your wishes: You can ensure that your assets will be distributed according to your desires.
- Protect your loved ones: You can alleviate the burden on your family by making clear arrangements for your care and estate administration.
- Avoid legal complications: A well-crafted estate plan can help prevent disputes and costly legal battles.
Working with an Elder Law Estate Planning Attorney
A qualified elder law estate planning attorney can help you navigate the complexities of Alzheimer’s disease and create a plan that meets your needs. They can:
- Assess Your Mental Capacity: The attorney will work with you and your medical team to determine if you have the mental capacity to create an estate plan.
- Provide Guidance: They can help you understand the options available and choose the most appropriate approach for your circumstances.
- Draft Legal Documents: The attorney will prepare the necessary documents, such as a will, trust, or power of attorney.
Now Is The Time To Create Your Estate Plan
If you have been diagnosed with Alzheimer’s disease, don’t wait to create an estate plan. By acting now, you can ensure that your wishes are carried out and provide peace of mind for yourself and your loved ones.
Estate Planning for the Future
Planning ahead is essential. Contact your elder law attorney who can guide you and give you specific advice regarding your estate plan. A California Health Care Directive should be prepared, with immediate powers, which authorizes someone to make medical decisions on your partner’s behalf if you become unable to do so. Your Revocable Living Trust and Financial Durable Power of Attorney should be up to date, preferably with immediate powers, and should have provisions for your care should you become incapacitated or suffer from dementia.
Financial Solutions: Addressing Long-Term Care Costs
Researching long-term care financial solutions early can help offset future costs. Additionally, exploring government assistance programs and veteran’s benefits (if applicable) can provide additional support.
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.