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Alzheimers Legal

 

 

 

Alzheimer's disease is the most common form of dementia

Alzheimer's disease is a progressive, degenerative disease of the brain that results in dementia.

 

The terms Alzheimer's and dementia are often used interchangeably, but there's a distinct difference between them. Dementia is a broader term than Alzheimer's and refers to any brain syndrome resulting in problems with memory, orientation, judgment, executive functioning, and communication.

 

However, many other diseases can cause dementia, such as stroke, Parkinson's disease, and Wernicke-Korsakoff syndrome. Some infectious diseases can also result in dementia, such as HIV or the extremely rare Creutzfeldt-Jakob disease.

 

When individuals are diagnosed with mixed dementia, more than one disease process is causing the dementia. For example, a person might have dementia due to both Alzheimer's and a stroke.

HAVE LEGAL DOCUMENTS DRAFTED IMMEDIATELY

Everyone should have legal documents in place to ensure they avoid the need for court intervention due to being mentally incapacitated. 

 

Having Alzheimer's or being diagnosed with some level of Dementia does not mean a person is legally mental incapable of making decisions.  The reason is that there are varying degrees of Alzheimer's and Dementia ranging from very very mild onsets of a person's cognitive (mental capabilities) being impaired, to the extreme diagnosis where the person cannot recognize family members or know his/her own name.

LEGAL CAPACITY" VERSUS "MEDICAL CAPACITY" DEFINED

The definitions of "legal capacity" and "medical capacity" differ. One could be considered "medically" incapacitated by the medical community, yet still have moments in time where an attorney would consider that person having "legal" capacity to sign a last will & testament, trust, living Will, healthcare surrogate, or  durable power of attorney.  advanced directives or durable power of attorney.

"Legal capacity" to contract is a higher "legal capacity" than is needed to execute a last will & testament, trust, living will, healthcare surrogate, or durable power of attorney.

In instances where a client is executing legal documents and there may be a question as to that persons mental capacity, typically, an attorney will request a letter from one of that client's treating medical professionals who are familiar with the persons conditions and can attest to, or define the persons level of capacity.

DOCUMENTS TO CONSIDER

A person who is noticing he/she is starting to have memory lapses or is diagnosed with possible Alzheimer's or dementia should make sure he/she has all the legal documents in place to ensure his/her legal rights and financial affairs can be managed in the event the Alzheimer's or dementia impairs his/her ability to make informed decisions as to care and financial affairs:

 

Durable Power of Attorney - Names a person (agent) to handle ones financial affairs in the event of incapacity. Deals with banks, real estate, applying for Medicaid, contracting with nursing homes and hospitals, paying bills.

 

Healthcare Surrogate - Names a person (agent) to explain to medial providers what your wishes are for treatment should you not be able to express your own desires to the medical providers.

 

Living Will - This is critical if you do not want doctors to take extraordinary measures in the event it looks like you will not recover from a life threatening  injury or severe illness where it appears to the doctors that you will not survive short term without the extraordinary measures in case similar to brain damage, a severe heart attack, or stroke leaving one in a permanent vegetative state.  

 

A person wants to have these documents drafted by an attorney versus using a form because if these documents are ever asked for chances are there are "legal"  related questions as to who can act, to what extent, or what can be done. Having an attorneys name on the bottom of each document is critical and can save precious time, avoid delay that using a "form" will create. Total costs among elder law attorneys who know the exact language to include will run approximately $500 for a set of all three. The question becomes, is it worth the investment to you? Before you answer that, READ BELOW.

EXPENSIVE ALTERNATIVE TO NOT HAVING DOCUMENTS

Some ask is it worth paying an attorney to do these documents.

 

If documents are not in place it will require costly court intervention to deal with financial affairs and possible making medical decisions.  This would be in the form of a Legal Guardianship where the courts appoint a person to represent an incapacitated person. Costs of guardianship can run higher than $5,000 between court costs and legal fees.  A guardianship requires an attorneys services. another's.

 

   

LOCAL WEB LINKS

BROWARD COUNTY LINKS: Broward County Probate Court, Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, (Ft. Lauderdale),  Hallandale Beach, Hillsboro Beach,  Hollywood, Lauderhill, Lauderdale Lakes, Lauderdale-By-The-Sea, Lighthouse Point, Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Park, Pembroke Pines, Plantation, Pompano Beach, Southwest Ranches, Sunrise, Tamarac, Weston. PALM BEACH LINKS: Boca Raton, Boynton Beach Boynton Beach, Delray Beach, Highland Beach, Hypoluxo, Juno Beach, Jupiter, Lantana, North Palm Beach, Ocean Ridge, Palm Beach, Palm Beach Gardens, Wellington, West Palm Beach

For inquiries about retaining the services of this firm, send an email to Glenn@Bocaelderlaw.com
Copyright © 2008 Gregory G. Glenn, P.A.  Last modified: 08/18/09