Can an Incapacity Plan Help Address Dementia in Palm Beach County?

Florida has a large senior population, and dementia is always a concern. Whether you’re a senior or you have an elderly loved one, it helps to make mental incapacity a central focus during estate planning. In the legal world, this is called an “incapacity plan.” What exactly is an incapacity plan, and what does it entail? These are questions you can ask your Palm Beach County estate planning lawyer during an initial consultation.

Dementia Is a Common Cause of Mental Incapacity 

A considerable portion of the population will get dementia at some point in their lives. Dementia is associated with mental incapacity that becomes increasingly worse with time. Many dementia patients forget their own names – and the names of their loved ones. They may also forget how to carry out basic everyday tasks, such as eating, washing, and dressing.

What Are the Legal Implications of Dementia? 

Dementia has a number of legal implications. First, when someone’s dementia progresses to a certain level, they no longer have the capability to make decisions. From a medical standpoint, they no longer have “autonomy,” and someone else will need to make medical decisions on their behalf.

Dementia patients also lose the ability to make legal decisions. For example, they may not be able to modify any existing legal documents, such as Wills, trusts, and contracts. Finally, they lose the ability to make sound financial decisions.

What does this all mean? Someone else will need to make decisions on the patient’s behalf, and it makes sense to choose this individual as soon as possible. If a senior is in the early stages of dementia, they may still have the mental capacity to select people to make decisions on their behalf.

Financial powers of attorney are for those who make financial decisions, while medical powers of attorney are for those who make medical decisions. A senior might select their adult son as their financial power of attorney, while selecting their adult daughter as their medical power of attorney. The same individual can also play both roles.

If it is too late to create powers of attorney, family members may need to consider guardianships. In contrast to powers of attorney, guardianships are granted after the senior loses their mental capacity – not before.

While guardians also have the right to control important decisions, pursuing a guardianship is more time-consuming than creating a power of attorney – and it requires a more extensive legal process. Because of this, it is best to be “proactive” instead of “reactive” when addressing mental incapacity.

Can an Estate Planning Lawyer Help With Mental Incapacity? 

Estate planning lawyers in Palm Beach County today can help address many aspects of mental incapacity. That being said, each family member is unique – and you may need to discuss your specific medical or mental health concerns before creating an effective plan. You can continue this discussion by contacting Kitroser Lewis & Mighdoll today.

Sources: 

pmc.ncbi.nlm.nih.gov/articles/PMC2705925/

cuimc.columbia.edu/news/one-10-older-americans-has-dementia