As a caregiver there will be many important decision making periods for your loved one with Alzheimer’s disease. One such interlude will be when it’s time to start making the legal, healthcare, living arrangements and financial decisions.
Keep in mind that although your loved one may not be able to make specific decisions, he/she may still be able to be involved in others. Just because there may be safety issues and your loved one is not able to continue living independently, doesn’t necessarily mean that caregivers should take over every legal and healthcare decision.
If you need legal advice regarding the options and choices available to become recognized as the legal decision maker, be sure to consult with an attorney.
Here is an explanation of some of the legal terms you may encounter:
Power of Attorney
A power of attorney is a legal term describing the scenario when one person gives another the legal power to act in his/her behalf to make legal decisions. In order for care recipients to sign a legal power of attorney, he or she must understand what is being signed. This legal decision would allow caregivers to make financial decision such as opening or closing a bank account, buying or selling property or making investments.
Durable Power of Attorney for Health Care
A Durable Power of Attorney for Health Care document allows caregivers the right to make medical and healthcare decision for their loved one with AD. This may include situations such as opting for medical interventions or life sustaining treatment for your loved one. Just like the Power of Attorney, the person signing this legal document must understand what it means. Decisions regarding what the individual does or doesn’t want regarding end of life treatment can be written into the Durable Power of Attorney for Health Care.
Guardianship
Guardianship is a legal option for after a loved one is no longer able to understand legal documents and can no longer make independent legal or financial decisions. This must be established through the court system with witnesses testifying whether or not the adult is able to make independent decision. There are 2 types of guardianships- the first is guardianship of an estate, the other is guardianship of a person. Guardianship of a person allows the guardian to make day to day decisions such as where the person lives and who cares for him/her. A guardianship of an estate allows the guardian to make legal decisions such as the sale of property, bank accounts, paying bills etc. The guardian has an ongoing obligation to make regular reports to the court regarding how the money is being spent and what decisions are being made.
Learn more about Alzheimer’s disease by signing up for our 25 topic Alzheimer’s caregivers’ course on AlzU.org by CLICKING HERE.
CLICK HERE to join our 25 topic Caregiver’s Course at AlzU.org.
