Although Alzheimer’s Disease is not a new disease, its prevalence has increased dramatically in recent decades. Consequently, there is a very real possibility that you will be faced with an Alzheimer’s diagnosis – either yours or that of a loved one — at some point during your lifetime. If that happens, will you know what to do? There is no way to fully prepare for the emotional impact of Alzheimer’s; however, there are things you can do to prepare for the medical, legal, and practical ramifications of the disease. With that in mind, the elder law attorneys at DeBruyckere Law Offices discuss practical steps to take if you or a loved one were recently diagnosed with Alzheimer’s Disease.
Understanding Alzheimer’s Disease
According to the Alzheimer’s Foundation of America (AFA), Alzheimer’s disease is a progressive, degenerative disorder that attacks the brain’s nerve cells, or neurons, resulting in loss of memory, deterioration of thinking and language skills, and behavioral changes. These neurons, which produce the brain chemical, or neurotransmitter, acetylcholine, break connections with other nerve cells and ultimately die. For example, short-term memory fails when Alzheimer’s disease first destroys nerve cells in the hippocampus, and language skills and judgment decline when neurons die in the cerebral cortex. Unlike many other diseases, such as AIDS, experts do not believe Alzheimer’s has a single cause. Instead, they believe the disease is multi-faceted with several factors influencing the development of the disease. The complexity of the disease makes finding a cure, and even effective treatment for those suffering from the disease, more difficult. While there are some medications on the market now that help slow the cognitive decline that is the hallmark of Alzheimer’s for some people, we are not yet close to finding a truly effective treatment regime, much less a cure.
Steps to Take after Being Diagnosed with Alzheimer’s Disease
As with any medical diagnosis, no two patients are the same and no two patients have the same medical, physical, and practical needs following an Alzheimer’s diagnosis. Nevertheless, there are some steps that most people recently diagnosed with Alzheimer’s should take, such as:
- Updating your estate plan. The progression of Alzheimer’s is far from predictable; however, at some point down the road, you will reach the point where you are considered legally incapacitated. At that point, you will be unable to make decisions for yourself and/or safely control your finances and assets. To ensure that someone of your choosing takes over control of your assets and makes personal and medical decisions for you, make sure you have an incapacity plan in place now. In the absence of a plan that clearly expresses your wishes, a judge may be forced to decide who is granted the legal authority to make decisions for you and/or who will control your money and assets.
- Create or Update a Power of Attorney. A traditional Power of Attorney (POA) terminates upon the incapacity of the Principal (creator). If you want a POA to survive your incapacity you must make it durable. Knowing that you will eventually reach the point of incapacity, now is the time to decide if you want an existing POA to continue after that point. If you do not have a POA in place, you should decide now if you want one to help decide who takes control of your assets down the road. Keep in mind, however, that in most states, an Agent cannot make end-of-life healthcare decisions even with a general POA. For that, you will need an advance directive.
- Create an advanced directive. If you have strong feelings about end-of-life medical treatment, the only way to ensure that your wishes are honored is to execute an advance directive. A Living Will allows you to state your wishes about end-of-life care and obligates healthcare providers to honor those wishes. A different type of advance directive lets you appoint an Agent to make healthcare decisions for you when you are unable to make them yourself.
- Plan for the cost of long-term care. Most Alzheimer’s sufferers eventually need the type of around-the-clock care and protection that is only available at a long-term care facility. The cost of that care will undoubtedly be prohibitive which is why you need to plan for it now. Like over half of all seniors today, you may need to rely on Medicaid to cover the cost of LTC. Eligibility for Medicaid, however, is determined in part by the value of your assets. To ensure that you qualify for Medicaid when the time comes, incorporate Medicaid planning into your estate plan today.
- Let your family know what you want. Family members often struggle with how best to care for someone with Alzheimer’s. Unfortunately, conflict may even occur if family members cannot agree on some aspects of your care. To help prevent that and provide some directions for family members to follow, write down your wishes regarding care, finances, and anything else you feel is important, and make sure everyone gets a copy.
Contact North Andover Elder Law Planning Attorneys
For more information, please join us for an upcoming FREE seminar. If you have additional questions about the steps to take if you or a loved one were diagnosed with Alzheimer’s Disease, contact our estate planning attorneys in our North Andover, Woburn, and Beverly offices at (978) 969-0331. Our Londonderry and Nashua, New Hampshire office can be reached at (603) 894-4141.
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