Understanding the Legal Documents Needed for Family Caregivers

Families dealing with a loved one’s diagnosis of dementia often find themselves lacking the legal documents needed to pave the way for authorization to make decisions regarding ongoing care and treatment. They are surprised to find themselves locked out of important health discussions with physicians and other care providers. Legal issues may arise that take time to address. So they find themselves scrambling to assemble and execute the documents they need. All this, while their lives are being turned upside down as they struggle to deal with the needs of their loved one.

Legal documents can be very intimidating. Most contain multiple pages full of confusing legal language, requiring multiple sets of actions and notarized signatures to complete. Yet they are an unavoidable starting point towards gaining control over caring for a loved one who is rapidly becoming less capable of handling their activities of daily living and making decisions about their health.

At our Anthem Memory Care communities we speak regularly to family members seeking help assembling all the proper paperwork needed to gain authority over the care of their loved ones with dementia. Many of us have gone through the process ourselves. So we understand how daunting it can be for families.  

The Alzheimer’s Association has published a useful list of legal documents for families of loved ones with dementia. Keep in mind that laws can vary by state, so you’ll want to check for any additional requirements for your state. Here are some key documents to be aware of:

• Durable Power of Attorney (POA). This enables your loved one to name another individual to make financial and other decisions on their behalf when they are no longer able to. This individual should be selected carefully and understand what the responsibility involves.
• Power of Attorney for Health Care. Also referred to as an “advance directive”, this enables your loved one to name another individual to make health care decisions on their behalf when they are no longer able to. These decisions can involve which doctor to use as well as treatments used and care settings.
• Living Will. This is also a form of an advance directive that clarifies how an individual who is physically or mentally incapacitated wishes to be treated when medical situations arise. It is a document that the individual would use to record their wishes involving artificial life support.
• Standard Will. Different from a living will, a standard will simply identifies the individual chosen as the executor, the person who will manage the estate and beneficiaries. The executor has no legal authority while the individual is still alive. A standard will only applies after death.
• Living Trust. This is another way in which an individual with dementia can give instructions as to how their estate should be handled upon death. Many execute living trusts to avoid probate (a potentially lengthy process to distribute the property).
• Guardianship/Conservatorship. This enables the courts to appoint a guardian or conservator to make decisions regarding an individual’s care and property when they are no longer able to. This often occurs when a family is unable to agree upon the type of care needed or there are no family members.
• Portable Medical Orders (POLST). This is a medical document that enables an individual to express their wishes to a medical provider as to what kind of care they wish to receive. They are more specific than a Do Not Resuscitate (DNR) or other advance medical directives.

Which of these documents do you need and where do you have choices? The POAs are essential to give you immediate access to medical records and begin making decisions on behalf of your loved one. You will want to review the various wills and other documents. This is why you will need to work with an attorney, preferably one who specializes in elder care. They may identify additional special documents as they help you navigate the process with your family.

There are other documents that are important to have on hand, including the following:

• Medical records
• Bank account information
• Debt detail, including bills
• Property deeds
• Insurance policies
• Military discharge records (if applicable)
• Birth, marriage, citizenship, divorce certificates
• Medicare/Medicaid documents
• Pension benefits

Here are some additional legal resources from The Alzheimer’s Association that may be helpful:

• The Community Resource Finder can help you find legal experts in your area.
• This is an online directory of the National Academy of Elder Law Attorneys.
• You can visit LawHelp.org to find out about free or reduced cost legal aid programs.

If all this feels overwhelming to you, take a deep breath and know that you are not alone. Having to collect documents, organize health records and get your loved one to sign them is the last thing you need right now. And it isn’t easy. Be sure to involve other family members and trusted friends.

Also feel free to reach out to any of our Anthem Memory Care communities. We will be happy to share with you more information and point you in the right direction to get the legal resources and help you need.

(Note that this Anthem Memory Care blog offers insights and tips only. For legal advice you should consult with an elder law attorney.)