The Impact of Dementia & Alzheimer’s on Families: A legal Perspective
Dementia and Alzheimer’s disease are conditions that profoundly affect not only the individuals diagnosed but also their entire families. As these diseases progress, they challenge families to navigate emotional, medical, and financial complexities. From an elder law perspective, proactive planning is crucial to alleviate some of these burdens and ensure that loved ones receive the care and support they need.
Emotional and Financial Strain
Caring for a family member with dementia often places significant emotional and financial stress on caregivers. Decisions about care—whether at home or in a facility—can create tensions among family members. Without a clear legal framework in place, these challenges are compounded by uncertainty about the individual’s wishes and financial arrangements. Planning before the onset of dementia can establish clear expectations and reduce disputes, giving families a roadmap to follow as conditions progress.
Legal Planning as a Lifeline
Key legal tools can provide clarity and reduce stress for families. An essential first step is to establish advance directives, such as a durable power of attorney and a healthcare proxy. These documents designate trusted individuals to manage financial matters and make healthcare decisions when the person with dementia can no longer do so. Proper drafting of these documents with specific elder care issues in mind is critical. Additionally, a living will can outline specific preferences for medical care, ensuring that the individual’s wishes are honored. Creating these documents before a diagnosis ensures the individual’s full participation and avoids complications later.
Protecting Assets and Securing Care
Families should also consider long-term care planning. Medicaid can help cover the costs of nursing homes or in-home care, but eligibility requirements are strict. An elder law attorney can guide families through Medicaid planning, which may include asset protection strategies to preserve a portion of the family’s wealth while securing necessary care. Early planning allows families to structure finances in ways that maximize benefits while avoiding last-minute crises. However, even if advance planning was not completed, there may still be options when the unexpected or unplanned happens. A key piece of advice: NEVER spend down all assets before talking to an attorney who has an understanding of the Medicaid
qualification process. Many people who think it would be impossible to receive assistance may be able to qualify and thereby preserve their assets.
Early Action is Key
The earlier families begin planning, the better. It is best to plan early in life, even in a person’s late teenage years. However, many people recognize the need to plan but simply put it on the back burner. The earlier plans can be put into place, the better. However, even in the early stages of dementia, individuals can usually actively participate in discussions about their care and legal arrangements. This involvement ensures that their voice is heard and their autonomy is respected. Waiting until a crisis arises often limits options and increases stress. Proactive planning also enables families to explore and implement strategies at a more deliberate and thoughtful pace.
A Holistic Approach
Addressing dementia’s impact requires a holistic approach that integrates legal, medical, and emotional support. Families are encouraged to seek guidance from a qualified elder law attorney, financial planners, and healthcare professionals. Support groups and counseling services can also provide valuable emotional resources. Planning ahead can also help identify these resources early, ensuring a support system is in place when it is most needed.
Family Resources
Alzheimer’s Alliance Tri-State Area & Our Place Respite Care Center
100 Memory Lane, Texarkana, TX 75503
903-223-8021
www.alztristate.org
