News

If your parent is dealing with dementia, you should be aware of several legal considerations. Most of them are related to your parent’s potential reliance on a trusted caregiver, usually a family member, to make major decisions on their behalf. It is recommended that your parent choose someone to act as their caregiver while they still have the mental capacity to do so. If your parent waits too long to take the necessary legal precautions, that can complicate the process. Here are a few steps to consider if you are in this position.

Consideration One: Avoid Overstepping

You may encourage your parent to make legal plans but do not coerce or force them to act. Such actions open their estate to litigation in the future. Urge your parent to plan early, choose the attorney they want, and schedule the appointment. Your parent should meet the attorney without you.

Consideration Two: Durable Power of Attorney

The second legal consideration to make is creating a durable power of attorney. This involves authorizing someone else to make financial and legal choices on behalf of your parent. There is a difference between a power of attorney and a durable power of attorney. Typically, power of attorney expires if your parent becomes incapacitated, whereas a durable power of attorney does not expire if your parent becomes incapacitated. A durable power of attorney ensures that your parent’s affairs can be tended to regardless of their health. An elder law attorney can help your parent create a durable power of attorney document.

Consideration Three: Creating a Will

Then, your parent should make a will. Creating one while your parent still has the mental capacity to do so can reduce complications further down the road. If your parent already has a will, a review by an attorney may confirm if an update is necessary to reflect their current wishes.

Consideration Four: Living Trust

There are family and asset situations when you should consider setting up a living trust. A living trust will make it easier to manage their assets. After establishing the trust, the name of the assets’ owner changes to the trust’s name, enabling the trustee to manage them. A durable power of attorney is necessary even when you have a trust.

Working with an elder law attorney to ensure that the proper legal documents are finalized will make it easier to manage your parent’s affairs during more stressful times. At Rooth & Rooth Elder Law Attorneys, our experienced lawyers can help your family make informed choices about your parent’s estate. To schedule a consultation with one of our attorneys, call our office today at 727-397-4768.