Friday, May 13, 2011 Legal Planning for a Loved one with Alzheimer’s Disease
I was recently on the Alzheimer’s Association website (www.alz.org) and came across some great information on the legal issues that need to be taken care of as soon as and individual is diagnosed with Alzheimer’s Disease.
"Once a person is diagnosed with dementia, family and friends should help the person make legal plans. The sooner plans can begin, the more the person with dementia may be able to participate. Legal planning includes:
· Making plans for health care and long-term care coverage
· Making plans for finances and property
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Naming another person to make decisions on behalf of the person with dementia"
Very often I get asked the question, when is it to late to get a power of attorney drawn up. I found the following information about legal capacity on the Alzheimer’s Association website that I thought was very helpful.
"Legal capacity is the level of judgment and decision-making ability needed to sign official documents. In most cases, the person with dementia is able to understand the meaning and importance of a given legal document.
The requirements for legal capacity can vary from one legal document to another. A lawyer can help pinpoint what level legal capacity is required for a person to sign a particular document."
When a person no longer has the capacity to make decisions for themselves it's then time for a guardianship to be put into place. Below is a great description of what a guardianship is. Again I'm quoting from the Alzheimer’s Association website.
A “Guardianship is given by the court when it finds that a person is legally incompetent. In the case of dementia and its effect on the brain, legal incompetence relates to the person's inability to make decisions about his or her care or property. Once a court rules that a person is legally incompetent, a guardian or conservator is appointed for that person. A diagnosis of Alzheimer’s or dementia alone is not an indication of incompetence.”
I hope this is helpful to those of you who have family members with dementia or serve those with this disease. For more information on this topic please visit www.alz.org/living_with_alzheimers_legal_issues.asp
Carrie P. Barto, Client Relations Director Monday, April 25, 2011 Dimentia & Teepa Snow
On Saturday April 16, I attended a conference with dimentia expert Teepa Snow. Park Avenue Adult Day Care hosted the event in Rock Hill, SC (thank you for a great day!!).
If I am being perfectly honest, I did not want to attend anything on a Saturday morning. I am so glad, however, that I forced myself to go!! Teepa is perhaps one of the most outstanding speakers I have ever heard. I also had the opportunity to have lunch with Ms. Snow to discuss with her how I could improve my elder law practice and to ask for her suggestions in my guardianship cases. I would encourage anyone who has any dealings with folks struggling with Alzheimer's or other forms of dimentia to avail yourself of Teepa's expertise. Check out her website: www.teepasnow.com.
As an elder law attorney, I have a lot of interaction with people and families struggling with dimentia. It is, of course, important for me to understand the legal issues associated with long term care planning, guardianship issues, estate planning, etc. It is also important, however, for me to know what is going on in the daily lives and struggles of my clients and their families. Thank you to Teepa Snow for helping me to become a better lawyer.
Ryan W. Monk, elder law attorney, licensed in NC & SC |