• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • WHO WE ARE
    • About Our Firm
    • Attorney and Staff Profiles
    • News and Events
  • Areas We Serve
    • Essex County, MA
      • Andover
      • Beverly
      • North Andover
    • Hillsborough County, NH
      • Manchester
      • Nashua
    • Middlesex County, MA
      • Concord
      • Lexington
      • Wakefield
      • Winchester
      • Woburn
    • Rockingham County, NH
      • Exeter
      • Londonderry
      • Salem
  • Services
    • Asset & Business Planning
    • Elder Law & Medicaid Services
    • Estate And Gift Tax Figures
    • Family-Owned Businesses & Farms
    • Legacy Planning Services
    • LGBTQ Estate Planning
    • Loss Of A Loved One
    • Pet Planning
    • Power Of Attorney
    • Probate and Trust Administration
    • SECURE Act
    • Special Needs Planning
    • Young Families
  • Elder Law
    • Coping with Alzheimer’s
    • Hospice Care
    • Medicaid Planning
    • Nursing Home Planning
  • Resources
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder law reports
      • Elder Law Resources
        • Elder Law Resources – Londonderry, New Hampshire
        • Elder Law Resources North Andover, Massachusetts
        • Nashua, New Hampshire Elder Law Resources
        • Woburn, MA Elder Law Resources
    • Estate Planning
      • Estate Planning Articles
      • Estate and Gift Tax Figures
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Asset Protection Planning
      • Business Planning
      • Charitable Gifting
      • Estate Planning
      • Elder Law
      • Frequently Asked Questions for Families Without an Estate Plan
      • Incapacity Planning
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid Planning
      • Trust Administration & Probate
      • Wills and Trusts
    • Medicaid Calculator
    • Newsletters
    • Presentations
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss Of A Loved One
      • Probate Resources
        • Nashua, New Hampshire Probate Resources
        • Probate Resources – Londonderry, New Hampshire
        • Probate Resources – North Andover, MA
        • Probate Resources – Wakefield, Massachusetts
        • Woburn, MA Probate Resources
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Published Books
  • Seminars
    • Live Seminars
    • Online Seminars
  • Videos
  • Contact Us
  • Blog
  • Reviews
    • Our Reviews
    • Review Us

DeBruyckere Law Offices, PC

Serving Southern New Hampshire & Essex Country, Massachussetts

Call us today(603) 894-4141

(978) 969-0331

Online Seminars
Attend Free Seminar
Home » General » Medicaid Planning After a Dementia Diagnosis

Medicaid Planning After a Dementia Diagnosis

August 29, 2014General

The cost of dementia for worldwide care is more than $600 billion annually. To put it into context, the International Monetary Fund lists South Africa’s economy $595 billion. Every year, the number of diagnoses and the costs associated with caring for those with memory disorders will continue to rise. With the passing of comedian Robin Williams in recent days, and then the disclosure that he had early stages of Parkinson’s disease, these neurological diseases are again in the spotlight. It also brings to the forefront the options for those who are trying to assist with Medicaid planning after a dementia diagnosis.

Families and the Dementia Diagnosis

elder financial abuse scams in beverly ma

Typically, it’s the loved ones who take on the task of securing medical care for an elderly family member. Even those who have covered the basis before they became ill, the family must still understand the intricate workings of properly caring for their loved ones from a legal and financial perspective. It can significantly affect the level of care their loved one receives. The key is proper planning.

For those family members, this can be both overwhelming and stressful. Not only are they taking care of the elderly parent or other loved one, they’re also taking on the legal, medical and financial decisions, too.

Especially if a loved one has already been diagnosed with dementia or other similar diseases or disorders, an estate planning lawyer with experience in Medicaid laws is going to be your biggest ally. Other things you’ll need to consider as you move into the process of ensuring your family member receives the benefits he or she is entitled to include:

The Durable Power of Attorney

A durable power of attorney for health care (or healthcare proxy or medical power of attorney) is important as it allows your loved one’s wishes known when it comes to their healthcare. Keep in mind, a durable power of attorney isn’t reserved only for an Alzheimer’s or dementia diagnosis. It’s an important element of every estate plan.

Remember, too, that each state has its own standards for determining these types of quagmires. If your family is scattered throughout the country, keep that in mind. Many family disagreements begin, surprisingly, over disputes about what’s legal and what’s not. More times than not, no one is wrong, it’s just that they don’t consider the laws from one state to the next.

Also, remember that if your loved one is already mentally incompetent, a durable power of attorney is not going to be enough. A legal guardianship will likely enter into the mix in these situations. They’re more time consuming and usually more expensive. Take the time now to cover those bases and prevent the more invasive legal route.

Testamentary Capacity

Ideally, your loved one will still have “testamentary capacity” to create these important documents, including and especially a last will and testament.  Testamentary capacity simply means one has the mental capacity to enter into these types of documents. The reason it’s important for your will is simple: it will likely prevent anyone from contesting the will.

The time to plan for long term care insurance is now. This is true for everyone. If you wait until your elderly family member is ill, you may not be able to secure coverage and if you do, the premiums could be unaffordable.

Finally, don’t forget the 5 year look back period and spend down rules associated with Medicaid coverage. Your estate planning lawyer will be able to tell you what the government looks for in the 5 year look back as well as why the spend down rule is part of the process.

Have questions? We’d love to explore your family’s options. Contact us today.

  • Author
  • Recent Posts
Daniel DeBruyckere
Daniel DeBruyckere
Attorney Daniel A. DeBruyckere has been practicing law in New Hampshire and Massachusetts since 1998, and has helped hundreds of clients with their estate planning and elder care issues. He is very well respected in the area of estate planning, probate, trust administration, elder law issues, and business planning.
Daniel DeBruyckere
Latest posts by Daniel DeBruyckere (see all)
  • Do I Need an Attorney to Administer a Trust? - January 26, 2023
  • How Using a Trust Can Protect a Valuable Inheritance - January 24, 2023
  • What Seniors Need to Know to Protect Assets - January 19, 2023

Other Articles You May Find Useful

AdobeStock 103251926 150x150
Planning for Incapacity in Massachusetts
North Andover estate planning attorneys
SSI and SSDI – Understanding the Difference
North Andover asset protection attorneys
Protecting Your Assets from the High Cost of Nursing Home Care
New Hampshire estate planning attorney
Where Does Your City Rank among America’s Healthiest Cities?
Holiday Scams and How To Avoid Them
Holiday Scams and How to Avoid Becoming a Victim
Contest a Will
How to Contest a Will in New Hampshire

Download our free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram

Blog Subscribe

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Testimonials

DeBruyckere Law Offices, PC footer

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
footer-logo

© 2023 DeBruyckere Law Offices
All Right Reseved.

Attorney Advertisement

© 2023 American Academy of Estate Planning Attorneys, Inc.