Alzheimer’s disease, a progressive neurodegenerative disorder, primarily affects memory and cognitive function. As one of the most common forms of dementia, Alzheimer’s can have a profound impact not only on the individuals diagnosed but also on their families. The attorneys at Legacy Estate Planning, LLC explain how understanding Alzheimer’s disease and taking proactive steps in your estate plan can provide you with peace of mind and financial security.
What Is Alzheimer’s Disease?
Alzheimer’s disease is characterized by the deterioration of brain cells, leading to a decline in memory, thinking skills, and the ability to perform everyday tasks. The symptoms typically develop slowly and worsen over time, eventually interfering with the ability to carry out the simplest tasks. The exact cause of Alzheimer’s is not fully understood, but it involves a combination of genetic, environmental, and lifestyle factors. The progression of Alzheimer’s disease can be divided into three main stages:
- Early Stage (Mild Alzheimer’s): Symptoms include memory lapses, difficulty in finding the right words, misplacing items, and trouble with planning or organizing. Individuals can generally function independently but may notice frequent forgetfulness.
- Middle Stage (Moderate Alzheimer’s): Symptoms include increased memory loss, confusion about time or place, difficulty recognizing family and friends, and changes in behavior such as wandering. Greater assistance with daily activities is required, and supervision becomes necessary.
- Late Stage (Severe Alzheimer’s): Symptoms include severe cognitive decline, inability to communicate coherently, loss of physical abilities, and vulnerability to infections. Individuals become entirely dependent on others for care, requiring full-time assistance.
Protecting Yourself in Case You Develop Alzheimer’s in Your Estate Plan
Given the progressive nature of Alzheimer’s disease, it is essential to have an estate plan in place early on to ensure that your wishes are carried out and that you and your loved ones are protected. To ensure that your estate plan reflects your unique needs and goals, and works as intended, always work closely with an experienced estate planning attorney. Some common components that may be used to help protect you and your loved ones in the event you develop Alzheimer’s disease include:
- Durable Power of Attorney: A durable power of attorney (POA) allows you to designate a trusted individual to make financial and legal decisions on your behalf. Making the POA durable means that your Agent’s authority survives your incapacity, meaning it will remain in effect even if you lose mental capacity. This ensures that your financial affairs can be managed without court intervention.
- Healthcare Power of Attorney: A healthcare power of attorney is an advance directive that enables you to appoint someone to make medical decisions for you if you are unable to do so. This person, often referred to as a healthcare agent or proxy, will ensure that your medical preferences are respected, particularly if you cannot communicate your wishes due to advanced Alzheimer’s.
- Living Will: A Living Will, the second important advance directive, outlines your preferences for medical treatment in situations where you cannot speak for yourself. This document can specify your wishes regarding life-sustaining treatments, resuscitation, and other critical care decisions, providing guidance to your healthcare proxy and medical team.
- Last Will and Testament: Your Last Will and Testament is a fundamental component of your estate plan. It allows you to specify how your assets will be distributed after your death. Additionally, you can name guardians for minor children and an executor to manage your estate’s administration.
- Revocable Living Trust: A revocable living trust can be an effective tool for managing your assets during your lifetime and distributing them after your death. By transferring ownership of your assets to the trust, you retain control as the Trustee until a successor Trustee is needed. For example, if you become incapacitated because of Alzheimer’s your successor Trustee can take over easily and immediately. This arrangement can help avoid probate, provide privacy, and ensure continuity in managing your affairs if you become incapacitated.
- Medicaid Planning: If you do not have long-term care insurance and cannot afford the high cost of LTC out-of-pocket, talk to your estate planning attorney about including a Medicaid planning component in your estate plan.
Do You Have Additional Questions about Estate Planning?
If you have additional questions or concerns about estate planning, contact the experienced Bellevue estate planning attorneys at Legacy Estate Planning, LLC by calling (425) 455-6788 to schedule an appointment.
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