Can I do Estate Planning If I Have Dementia?

As a senior, you have likely thought about your Estate Plan in light of some big “what if” questions – “What if I am no longer able to make decisions for myself?”, “What if my spouse or I need to go to a nursing home?”, “What if I want to make sure my assets are passed down exactly how I choose?”. But there may be one question you haven’t fully thought about – “What if I get dementia?”

As an Elder Law attorney, I have seen a constantly rising number of seniors being diagnosed with some form of dementia. I have families in my office every month who are facing a diagnosis and now must scramble to get planning in place to make sure their loved one is taken care of properly. It is important to know that at the early signs of dementia, legal planning can likely still take place. Planning at the early stages of dementia is vital so that you can ensure that you or your loved one is in control of your wishes and that your family isn’t left to guess at how you would like things to be done. With the help of an Estate Planning Attorney who specializes in Elder Law, you can

Can I Do Estate Planning If I Have Dementia? get your legal planning needs met in a way that you know your dementia will be accounted for. As long as you still retain your legal capacity (the ability to understand your actions and make rational decisions), you can still get some planning in place. We can’t predict how life will unfold, so it is always best to plan ahead while we have good health. If you wait too long, your options will be more limited, and the planning often gets more costly (the courts get involved). It is important for you to discuss your wishes with your loved ones and to meet with an attorney who can help you get the planning you need. This is not intended to be legal counsel. The choice of an attorney is an important decision and should not be based solely upon advertisements. ~ Editor’s Note: This article was submitted by Aaron L. Love, JD. Aaron is an attorney with The Love Law Group, LLC and may be reached at 816-554-3330 or by email at planning@lovelawgroup. com. See ad on page 33.