As a caregiver, you should begin making legal preparations soon after your
loved one has been diagnosed with a serious illness. People with Alzheimer's
disease and other long-term illnesses might have the capacity to manage their own
legal and financial affairs right now. As their disease advances, however, they
will need to rely on others to act in their best interests. This transition is
never easy, but advanced planning allows patients and their families to make
decisions together for what may come.
Legal documents
Clearly written legal documents that outline your loved one's wishes and
decisions are essential. These documents can authorize another person to make
health care and financial decisions for you, including plans for long-term care. If the
person being cared for has the legal capacity — the level of mental functioning
necessary to sign official documents — he or she should actively participate in legal
planning.
To give your loved one the best care possible, obtain legal advice and
services from an attorney. If the person you're caring for is age 65 or older,
consider hiring an attorney who practices elder law, a specialized area of law
focusing on issues that typically affect older adults. As you plan for the
future, ask the attorney about the following documents:
- Power of attorney — This document
gives a person (known as the principal) an opportunity to authorize
an agent (usually a trusted family member or friend) to make legal
decisions when the principal is no longer competent. There is no standard power
of attorney; thus, each one must be geared toward an individual's situation.
It is important for the caregiver to be very familiar with the terms of
the power of attorney because it spells out what authority the caregiver does
and does not have. The agent should make multiple copies of the document and
give one to each organization or company with which the principal does
business.
- Durable power of attorney for health care — This document appoints an agent to make all decisions regarding
health care. These decisions include those regarding health care providers,
medical treatment, and—in the later stages of the disease—end-of-life
care. A durable power of attorney for health care allows the agent to
authorize or refuse any medical treatment for the principal. This power only
goes into effect once the principal is unable to make decisions for himself
or herself and is activated by the principal's attending doctor.
- Living will — A living will allows a
person to state, in advance, what kind of medical care he or she desires to
receive and what life-support procedures he or she would like to withhold.
This document is used if a person becomes terminally ill and unable to make
his or her wishes known. A terminal illness is defined as one from which a
person's doctor believes there is no chance of recovery. A living will also can
be used if a person becomes permanently unconscious. To be considered
permanently unconscious, a patient must be viewed as having no reasonable
possibility of regaining consciousness or decision-making ability. Two
doctors must make this determination. Laws on living wills vary from
state to state.
- Living trust — This document enables
a person (called a grantor or trustor) to create a trust and
appoint a trustee to carefully invest and manage trust assets once the
grantor is no longer able to manage finances. A person can appoint another
individual or a financial institution to be the trustee.
- Will — A will is a document created
by an individual that names an executor (the person who will manage
the estate) and beneficiaries (those who will receive the estate at
the time of the person's death).
If you cannot afford an attorney, legal forms can be accessed through
resources including books and the Internet. Legal issues may be discussed with a
social worker or clergy free of charge.
Guardian/conservator
A caregiver of an individual who no longer has the legal capacity to execute
powers of attorney or trusts might have to become that individual's guardian
or conservator. A guardian has the legal authority to make decisions
about the lifestyle and well-being of another person. The decisions a guardian
may make include where a person may live, what care and medical treatment will
be provided, and what religious and educational activities will be made
available. A conservator has legal authority to manage another person’s
financial affairs.