Dementia: Legally Protecting Your Loved One - Essential Tips for Family Members
Strategies for dealing with dementia: Exploring potential treatments and care approaches.
When a family member is diagnosed with dementia, the emotional toll is immense. However, it's crucial not to overlook the legal and financial implications. Here are some vital steps to take to safeguard your loved one's interests.
1. Act Early - Secure Powers of Attorney
Dementia's onset is insidious, with signs like forgetfulness or disorientation creeping up gradually. Family members should not delay acting upon these early symptoms. Secure a Power of Attorney (POA) swiftly, authorizing a trusted individual to manage your loved one's financial and legal affairs once they are no longer able to do so themselves.
2. Health Care Proxy and Advance Directives
Advance directives, such as living wills, establish the person’s medical treatment preferences. Appointing a health care proxy ensures someone will make healthcare decisions based on their wishes when they can no longer express them.
3. Guardianship
If there are no advance directives or legal documents, families might need to petition the court for guardianship to make decisions about care, housing, and finances. This process can be time-consuming, so it's better to prepare ahead.
4. Contract Considerations
Thoroughly review existing contracts, including financial agreements and insurance policies, to ensure they remain suitable and fair. Check if any contracts were signed before the dementia diagnosis, which could have been influenced by deteriorating cognitive abilities.
5. Recognizing and Revoking Unwanted Contracts
If a family member suspects a contract was entered into during a time when the person with dementia lacked capacity, seek legal advice, assess their capacity at the time of contract signing, and consider revoking the contract if deemed invalid.
Financial Planning
1. Legal Authority - POA or Guardianship
Obtain legal authority to manage your loved one’s finances via a Power of Attorney or guardianship.
2. Financial Safeguards
- Budgeting: Develop a budget to cover necessities.
- Automated Bill Payments: Prevent missed payments and service interruptions.
- Limited Account Access: Reduce credit limits and establish spending limits.
- Bank Activity Monitoring: Regularly review transactions for errors or fraud.
- Credit Report Freeze: Protect against scammers opening new accounts in your loved one's name.
By following these legal precautions and financial planning steps, you can protect the person with dementia and bring peace of mind to the family.
For more details on POAs, health care proxies, or advance directives, consult a qualified elder law attorney. And remember, early action can save you a lot of trouble down the road.
Sources: ntv.de, awi/dpa, AARP - 1 2 3 4 5
Community policy should include measures for protecting individuals with dementia and their families from exploitation, especially in regards to financial transactions and contracts. Vocational training programs could be useful in teaching caregivers about financial planning and safeguards for persons with dementia. Science and technology could play a role in developing new treatments for neurological disorders, potentially aiding in the management and understanding of dementia. As mental health is a significant concern for individuals with dementia and their caregivers, it's essential to ensure access to proper health-and-wellness resources, including support for managing medical-conditions and mental-health issues.
