There are so many things to think about after your spouse, parent, or sibling has been diagnosed with Alzheimer’s Disease. A power of attorney document should be at the top of the to-do list. Only one in four people with this disease have been diagnosed so far, so it’s possible that many families will be in the position of making a plan sooner rather than later.

A power of attorney enables the person with dementia to name another party to make decisions on their behalf. Usually this agent is a domestic partner, a spouse, or a trusted friend or family member.

The agent must understand their responsibilities, and the recently diagnosed party should also consider naming a successor agent if the first person is not willing or able to serve in that role. In most cases, a durable power of attorney will be the right fit for the short term and long term.

With a durable power of attorney, the person with dementia is able to make their own decisions while they retain the capacity to do so. If their mental condition declines, the power of attorney agent can step in to make those choices.

If the power of attorney empowers that agent for healthcare decisions, that person can make choices around kinds of treatment, certain care communities, and healthcare providers.

A power of attorney agent can be responsible for healthcare or financial decisions or both. The discussion about whether just one or both applies should be handled during an in-person meeting with a Massachusetts Alzheimer’s Disease estate planning attorney.

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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