For those living with Alzheimer’s and other forms of dementia, planning for the future is imperative to ensure personal desires are honored. By granting power of attorney and establishing legal documents early in the dementia journey, families can alleviate future stress and ease decision-making for caregivers, allowing those living with dementia to feel confident in their future care. Many caregivers of parents or senior loved ones with Alzheimer’s disease do not understand the importance of living wills and powers of attorney until it’s too late.

Let our care assessment guide you

Our free tool provides options, advice, and next steps based on your unique situation.

What you need to know about Alzheimer’s and a power of attorney

Learn more from Attorney Brad Sauer about how and when to execute these legal documents in a timely manner.

1. Living wills and health care powers of attorney

As an attorney for one of the branches of the military, my responsibilities include providing legal assistance to active-duty service members and military retirees. For military retirees, I am often asked to prepare:

A living will (also called an advance medical directive)
A health care power of attorney

The former is a document that permits health care professionals to cease artificial life-sustaining measures when an individual has a terminal condition, permitting the individual to pass naturally.

The latter gives another person (often an adult child or spouse) the authority to make health care decisions on the individual’s behalf; which takes effect at a lesser stage of incapacitation, such as diminished cognitive abilities or temporary unconsciousness.

Both of these documents are important for a family to have, especially for families with loved ones suffering from Alzheimer’s or related dementias. These families will often be challenged with ethical issues if the documents are not prepared in a timely manner.

Let our care assessment guide you

Our free tool provides options, advice, and next steps based on your unique situation.

2. The effect of Alzheimer’s on legal documents

To be clear, Alzheimer’s greatly affects living wills and a health care power of attorney, as:

Neither an attorney nor a notary can ethically prepare or notarize a living will or health care power of attorney for an individual that does not understand the nature of the documents at issue
Only the person with Alzheimer’s can sign the document pertaining to him or her

This creates a challenging situation for the parent or senior loved one with the disease and his or her family who needs the documents. I am always saddened when an adult child or spouse comes to my office asking for assistance with a loved one with late stage Alzheimer’s. Sometimes the parent with Alzheimer’s is present, but it is clear that he or she does not understand why they are in my office, let alone understand a complicated legal document. Sometimes the senior loved one with Alzheimer’s doesn’t even come. I am forced to answer that, unfortunately, it is too late.

Talk with a Senior Care Advisor

Our advisors help 300,000 families each year find the right senior care for their loved ones.

3. Why capacity is needed to execute a living will and a health care power of attorney

Most attorneys and notaries are not medical professionals, so when determining the capacity to execute a legal document, they err on the side of caution. In fact, some will not even execute or prepare documents for an individual they know has an Alzheimer’s diagnosis.

I feel this approach is extreme and will personally execute documents for a person who can explain the basic purpose of the document to me 15 minutes after I explain it to him or her. But, in my experience, most middle to late-stage Alzheimer’s patients are not able to do so.

An Alzheimer’s diagnosis is overwhelming for the parent or senior diagnosed and their loved ones. As you prepare for the future, be sure to talk to senior loved ones early about getting a living will and a health care power of attorney.

They may resist at first, but don’t give up; when your loved one needs them, you will both be glad they have one.

About the Author

Attorney Brad Sauer graduated from George Washington Law School in 2010 and is currently practicing law on active duty status for the military. The opinions and views expressed in this post do not imply endorsement by the United States military.

Recommended For You

How to Write a Will

Elder Financial Abuse: Where and How to Report It

SHARE THE ARTICLE

Meet the Author

OurParents Staff

The information contained in this article is for informational purposes only and is not intended to constitute medical, legal or financial advice or create a professional relationship between A Place for Mom (of which OurParents is a trademark) and the reader. Always seek the advice of your health care provider, attorney or financial advisor with respect to any particular matter and do not act or refrain from acting on the basis of anything you have read on this site. Links to third-party websites are only for the convenience of the reader; A Place for Mom does not recommend or endorse the contents of the third-party sites.

3 Things to Know About Alzheimer's and a Power of Attorney

Let our care assessment guide you

In this Article

What you need to know about Alzheimer’s and a power of attorney

1. Living wills and health care powers of attorney

Let our care assessment guide you

2. The effect of Alzheimer’s on legal documents

Talk with a Senior Care Advisor

3. Why capacity is needed to execute a living will and a health care power of attorney

About the Author

Recommended For You