Initial legal considerations of Alzheimer patients: Process and form

Abstract

The initial legal considerations of a patient who has been diagnosed with Alzheimer's disease or some related form of dementia, typically involve whether and how to establish a mechanism to provide for substitute decision-making, how to most effectively manage the income and assets of the individual, and how to plan the estate of the patient to ensure continuity of support for his or her dependents. Oftentimes a spouse oradult child takes the initiative to contact an attorney. The need to “get our affairs in order” is often the motivation for the initial visit with an attorney. This article will briefly address some of the initial issues which should be considered in designing a legal plan. The plan should, as adequately as possible, be designed to eliminate or reduce adverse legal consequences which arise from diminished capacity The plan should reflect the desires of the Alzheimer's patient in providing support to himselfand to dependents. It should be practical, addressing the possibility of extended longterm care costs. It should be designed to guard against abuse