Executing legal documents after a dementia diagnosis

At Hurley Elder Care Law, we aim to ‘myth-bust’ common elder law misinformation. One such myth is that a diagnosis of dementia or Alzheimer’s disease automatically means a person can no longer create or update estate planning documents. This is wrong! In fact, many individuals in the early stages of cognitive decline remain legally capable of making important decisions for themselves and executing legal documents.

Capacity can fluctuate and is decision specific

One of the most important concepts to understand is that capacity can fluctuate. Some people may be more alert and engaged in the morning than later in the day, while others may have “good days” and “bad days.” This is why timing, evaluation, and working with an experienced elder law attorney are so important.

Different legal documents also require different levels of understanding. For example, a Last Will and Testament generally requires a person to understand who their family members are, what property they own, and who they want to inherit their assets. It is often reasonable and understandable for someone to choose their spouse or children as beneficiaries.

However, naming an agent under a Durable Financial Power of Attorney may require a higher level of capacity and understanding. The person signing must understand the powers they are granting and carefully consider who is most trustworthy and capable of managing their finances and legal matters.

A dementia diagnosis does not remove a person’s legal rights

At Hurley Elder Care Law, we often meet families who are hesitant to pursue a dementia or Alzheimer’s diagnosis because they fear it will immediately strip their loved one of independence or decision-making rights. Fortunately, that is not true. A diagnosis alone does not automatically remove a person’s legal rights or ability to participate in planning.

We encourage families to meet with an experienced elder law attorney as soon as they begin noticing health or cognitive changes, regardless of whether a formal diagnosis has been made. Early planning provides more options, helps protect autonomy, and can bring peace of mind for the entire family.