Alzheimer's Disease Can Cause Legal Tangles

Posted October 5, 2017 | Category: Brenda's Blog

An increasing number of my clients have asked for my help in dealing with family members who have Alzheimer’s Disease. Their loved one can no longer make decisions about their medical care, financial affairs, and other basic issues. This is a very difficult time for my clients, and they need legal advice that will work for their situation.
 
What generally happens is that clients bring in a parent and ask that I prepare a “power of attorney,” a legal tool that would allow them to handle the parent’s financial and other affairs. In order to sign a valid power of attorney, a person must have the capacity to know and understand what they are doing.

Once a physician has made a diagnosis of Alzheimer’s, it is highly likely that the patient no longer has the legal capacity to sign such a document.  There are still ways that I can help, but these are cases where advanced planning could have saved my clients a lot of time and inconvenience.
 
Alzheimer’s Disease is the most common form of dementia, a general term for memory loss and other cognitive abilities serious enough to interfere with daily life. People with dementia often require special care, which may be provided by family members or close friends. This can lead to complicated legal issues as caretakers may be required to pay bills, make medical decisions and take care of other matters that the patient can no handle.
 
Alzheimer’s is a growing problem, and it continues to hit close to home. The Alzheimer’s Association says 90,000 Alabamians have the disease, and that number is expected to grow to 96,000 by 2020 and 110,000 by 2025. That means that more and more Alabama families will face the legal challenges caused by the disease.
 
Medical experts tell us that Alzheimer's is not a normal part of aging. The greatest known risk factor is increasing age, and the majority of people with Alzheimer's are 65 and older. But Alzheimer's is not just a disease of old age. Approximately 200,000 Americans under the age of 65 have younger-onset Alzheimer’s disease (also known as early-onset Alzheimer’s).
   
Alzheimer's is a progressive disease where symptoms gradually worsen over a number of years. In its early stages, memory loss is mild, but with late-stage Alzheimer's, individuals lose the ability to carry on a conversation and respond to their environment. Alzheimer's is the sixth leading cause of death in the United States. Those with Alzheimer's live an average of eight years after their symptoms become noticeable to others, but survival can range from four to 20 years, depending on age and other health conditions.
 
Next time, I will discuss some of the symptoms of Alzheimer’s Disease and suggest some legal strategies for patients and their families to prepare for the challenges that lie ahead when they receive the diagnosis.
 

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