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Legal Briefs
What you need to know about your loved one's rights
Published in family •caregiving | 0 Comments, Talk about this article »
Question: My widowed mother was just diagnosed with dementia, and as her only child, I’ll be her primary caregiver. She’s still in the early stages and fully functional, so I’d like to help her take care of legal decisions as soon as possible. Where do we begin, and where can we go for help?
Answer: “You’re right to make those decisions as early as possible,” says Peter Reed, PhD, senior director of programs at the Alzheimer’s Association. “Because your mother is in dementia’s early stages, she can help make decisions that will impact her care.” And the earlier you start, the better, he says. “Her full participation in planning will help to alleviate your burden later on because you won’t need to second-guess her wishes.”
Here’s what you need to do.
Find Out Who The Law Considers “Legally Capable”
People often assume that once someone has been diagnosed with dementia, he or she no longer has the right to participate in health and financial decisions. Not so, says Dr. Reed. “Legal competence, or capacity, gives a loved one the right to make his or her own decisions,” he says. “The requirements for legal capacity can vary from one document to another, so it’s best to consult an elder-law attorney about this issue (see “Talk To An Expert”).
Make Sure There’s A Will
A will names an executor to manage a loved one’s estate after death and the beneficiaries who will inherit that estate. “A person with dementia should have a signed will as soon as possible after diagnosis, while they’re still able to make their own decisions,” says Dr. Reed.
Ask About Power Of Attorney
There will probably come a point when your loved one won’t be able to make financial decisions. “A person with power of attorney has the right to make those decisions,” Dr. Reed says. Powers of attorney can be changed or withdrawn as long as a person is considered legally competent.
Create An Advance Healthcare Directive
This allows people to state their wishes about specifics, such as healthcare providers, kinds of treatment, and healthcare options, Dr. Reed explains.
Have Your Loved One Make A Living Will
This document, a form of advance healthcare directive, outlines a person’s wishes for future medical decisions, such as using artificial life support. “Doctors often use living wills when the person is irreversibly ill or critically injured and near death,” says Dr. Reed.
Discuss Power Of Attorney For Healthcare Decisions
“Your loved one can assign a trusted friend or family member to make healthcare decisions when he or she can’t do it,” says Dr. Reed. “We can’t always foresee the different situations that may need to be addressed; a healthcare agent would make those decisions.”
Talk To An Expert
Not all caregivers have the opportunity to help loved ones make important decisions early. “Once a person with dementia has progressed to a later stage of the disease, the caregiver must serve as their proxy and a source of information on background and preferences,” Dr. Reed says. “Whether a person is in dementia’s early, middle, or later stages, it’s important to seek legal advice from an attorney who specializes in elder law, who can advise you about healthcare options, insurance coverage, and financial documents.” To find an elder-law attorney in your area, see the “For Information” sidebar.
Learn as much as you can about your loved one’s likes, dislikes, and interests.
Other Critical Considerations
Good planning involves more than health, legal, and financial issues. “The person for whom you’re caring also needs to consider, as early as possible, the factors that will impact their quality of life because in dementia’s later stages, they won’t be able to communicate their interests and preferences,” Dr. Reed says. If you don’t already know them well, learn as much as you can about your loved one’s likes, dislikes, and interests. Does he or she like to play cards? Listen to music? Enjoy a backrub? “Caregivers need to take their loved one’s life experiences and preferences into account to help meet day-to-day quality of life needs,” he says.
Regular contributor Linda Rao has written about health, fitness, and caregiving for many national magazines.
For Information
Alzheimer’s Association
225 North Michigan Avenue, 17th Floor
Chicago, IL 60601-7633
800-272-3900 (24-hour help line)
www.alz.org
Eldercare Locator
800-677-1116
www.eldercare.gov
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