{"id":355755,"date":"2016-04-04T11:01:54","date_gmt":"2016-04-04T16:01:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/elder\/elder-care-law\/legal-issues-caring-for-parents-with-dementia.html"},"modified":"2022-10-27T13:54:50","modified_gmt":"2022-10-27T18:54:50","slug":"legal-issues-caring-for-parents-with-dementia","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/elder\/elder-care-law\/legal-issues-caring-for-parents-with-dementia.html","title":{"rendered":"Legal Issues: Caring for Parents with Dementia"},"content":{"rendered":"\n
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Legal Issues: Caring for Parents with Dementia<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last reviewed\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Often the children of dementia-affected adults end up making decisions on their behalf. But family members need to understand their actions’ legal and financial implications.<\/p>\n\n <\/div>\n\n

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Alzheimer’s disease, Parkinson’s disease, and other disorders that cause dementia have become more common among aging adults. Often the adult children of dementia-affected adults end up making decisions on their behalf. It is important that family members understand the legal and financial implications of these decisions.<\/p>\r\n

Any form of dementia is emotionally devastating and can present extraordinary challenges for older adults and their family members. It can make things difficult when drafting an estate plan or making health care decisions and financial decisions.<\/p>\r\n

The following factors should be considered when assessing your loved one’s mental capacity for making important legal, financial, and long-term care planning decisions.<\/p>\r\n

Diagnosis of Dementia-Causing Illness or Signs of Dementia<\/h2>\r\n

Different states have different legal standards for determining the necessary mental competence to enter into legal agreements. Typically, as long as dementia is minor or nonexistent, a person in the beginning stages of a dementia-causing disorder will be deemed mentally competent.<\/p>\r\n

You should consider entering into a durable power of attorney<\/a> (POA) while your family member or loved one is still mentally competent in the eyes of the law. This allows a trusted individual to make legal, financial, and healthcare-related decisions. They can also sign legal documents on an older adult’s behalf.<\/p>\r\n

A durable power of attorney is impossible if the subject already suffers from mental incapacity. If this is the case, legal guardianship or conservatorship is necessary.<\/p>\r\n

If you are mentally capable of making your own legal planning documents, you can DIY power of attorney documents<\/a>. You can also help a loved one make their documents from home.<\/p>\r\n

Existence of a Written Will<\/h2>\r\n

If your loved one does not have a will, it is always a good idea to draft a will in anticipation of the future onset of dementia. This also is a good time to create an inventory of all assets and liabilities, such as:<\/p>\r\n