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Quality Dementia Care Guide

Planning Ahead
Evaluating Ability
Legal Planning
Paying for Care
Tax Deductions and Credits


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Making legal plans is very important for a person with dementia. The earlier you start, the more you can participate and get what you want.

Health care planning

Legal documents called, “advance directives,” enable you to document your preferences regarding treatment and care, including end-of-life wishes. Talk with your family and your doctor about your preferences for end-of-life care.

Your family won't have to guess what you want if you sign advance directives. These documents include:

  • a living will. This document tells how much medical treatment you would like at the end of life.
  • a health-care power of attorney. This document names the person you choose to make your medical decisions if you aren't able.

You can complete a living will or a health-care power of attorney without a lawyer. To get a copy of your state's advance directives form, contact the National Hospice and Palliative Care Organization

Wills and estate planning

Your will tells how you want to give away your property. Everyone can benefit from having a will. A person with dementia should sign a will as soon as possible, while he or she can still make good decisions.

A will is a legal document. It takes effect only after the person dies. A will lists an executor and beneficiaries. The executor manages the estate, or property, after the person dies. The beneficiaries inherit the estate.

Finding a lawyer

It is important to get legal advice and services from an attorney who specializes in elder law. An elder law attorney handles general estate planning issues and counsels clients about planning for the future with alternative decision-making documents. The attorney can also assist the client in planning for possible long-term care needs, including nursing home care. Not all attorneys specialize in elder law. Your local bar association or the National Academy of Elder Law Attorneys and your local chapter can refer you to elder law attorneys in your area.


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