If you believe that a loved one has begun to show the early signs of Alzheimer’s or if your family member has recently been diagnosed with this condition, it is imperative to consider the potential possibilities with legal documents if these have not already been created. Two of the most common estate planning documents created and used in conjunction with an Alzheimer’s diagnosis include a healthcare power of attorney and a living will.

Both of these documents are critical for a family to have because family members can otherwise struggle with challenging ethical issues. Alzheimer’s greatly impacts a healthcare power of attorney and a living will. However, only the person with this condition can sign the document pertaining to him or her, for example, and neither a notary nor an attorney can ethically notarize or prepare a living will or healthcare power of attorney if the person does not understand the nature of the documents being created.

This can be a very difficult situation for a senior loved one or a parent. When the family needs these documents, it can be especially problematic with late stage Alzheimer’s. It could be argued that the diagnosed person doesn’t have the capacity in the later stages of their disease to know what they are signing.

To avoid these challenges, it is strongly recommended that you consult with a Massachusetts Alzheimer’s planning attorney well in advance to discuss the options available to you and to create these documents before they are urgently needed.

 

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.

Tiffany A. O'Connell, JD, LLM, CELA, AEP

About Tiffany A. O'Connell, JD, LLM, CELA, AEP

Tiffany A. O'Connell, JD, LLM, CELA, AEP is the CEO and Founding Partner of O'Connell Law, an estate planning and elder law firm serving clients across Massachusetts, New Hampshire, and Vermont. She is one of a select group of attorneys in Massachusetts certified by the National Elder Law Foundation as a Certified Elder Law Attorney (CELA). Tiffany focuses her practice on estate planning, trust and probate administration, Medicaid planning, long-term care planning, Alzheimer's planning, charitable planning, and retirement and wealth strategies. She has been helping families plan for their futures since opening her practice in 2010.

Credentials: JD, LLM, CELA (Certified Elder Law Attorney — National Elder Law Foundation), AEP (Accredited Estate Planner)

Licensed in: Massachusetts

Areas of Practice: Estate Planning, Elder Law, Medicaid Planning, Probate & Trust Administration, Alzheimer's Planning, Asset Protection

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