Estate planning is often largely about the protection of other people. Testators want to provide for their dependent family members. They want to prevent their loved ones from fighting with each other. They draft documents that help ensure their loved ones have adequate support after their passing and limited opportunities for conflict.
Estate planning can also help people navigate vulnerable circumstances as their health changes throughout their lives. Maybe an individual knows that Alzheimer’s disease runs in their family. Perhaps they have a pre-existing brain injury that increases their likelihood of developing dementia later in life.
When people worry about the possibility of cognitive decline and challenges living independently later in life, they may want to adopt plans that protect them in addition to documents that protect their family members. A comprehensive estate plan can theoretically help to protect a testator who is at risk of incapacitation due to dementia later in life.
People can arrange for support in advance
Families are often left scrambling to respond when an older adult develops dementia. After their diagnosis, their closest family members may need to talk about their support needs. Sometimes, multiple people can work cooperatively to support an older adult.
Occasionally, one person might pursue guardianship or conservatorship because an older adult can no longer manage their own affairs effectively. Advance planning helps reduce the pressure on loved ones and the exposure of the vulnerable older adult.
Durable powers of attorney can designate an agent or attorney-in-fact to oversee an individual’s personal needs when they become incapacitated. These documents can replace the need for guardianship or conservatorship. They give older adults the ability to choose who manages their finances or makes their medical decisions.
They can also draft advance directives for health care. Providing clear explanations about personal medical preferences can reduce the chances of family members fighting over medical decisions when an older adult can no longer effectively express themselves. Not only is it easier to age with grace when an individual has appropriate documents in place, but they can feel confident about their family members navigating what can be a very challenging time.
Embracing the need for elder law planning when there is reason to worry about dementia later in life is a smart move. Adults who plan in advance can protect themselves and reduce the stress that their loved ones experience as their health changes.
