Dementia is becoming a critical issue for many people across the United States as they look ahead to plan for their aging parents and even consider their own incapacitation in the future. It is never easy to come to terms with a dementia diagnosis, but the legal issues that can surround a loved one when he or she is no longer able to make decisions for themselves are vast.
Furthermore, estate planning documents that are drafted after someone is deeply affected by dementia may ultimately be contested down the road due to testamentary capacity. Another family member or potential beneficiary could argue that the person afflicted by dementia was not in the right mindset to make decisions for themselves at that point in time. This can lead to unnecessary concerns and challenges for family members in the event of the tragic loss of a loved one.
Consulting with an estate planning attorney now can help you to articulate a strategy for long term care and to assist you if you believe that a loved one is now affected by a dementia diagnosis. These issues are never easy to discuss but the confidentiality provided by your lawyer can give you peace of mind and confidence that a professional who is knowledgeable about these issues is working hard on your behalf.
