If you believe that a loved one has begun to show the early signs of Alzheimer’s or if your family member has recently been diagnosed with this condition, it is imperative to consider the potential possibilities with legal documents if these have not already been created. Two of the most common estate planning documents created and used in conjunction with an Alzheimer’s diagnosis include a healthcare power of attorney and a living will.
Both of these documents are critical for a family to have because family members can otherwise struggle with challenging ethical issues. Alzheimer’s greatly impacts a healthcare power of attorney and a living will. However, only the person with this condition can sign the document pertaining to him or her, for example, and neither a notary nor an attorney can ethically notarize or prepare a living will or healthcare power of attorney if the person does not understand the nature of the documents being created.
This can be a very difficult situation for a senior loved one or a parent. When the family needs these documents, it can be especially problematic with late stage Alzheimer’s. It could be argued that the diagnosed person doesn’t have the capacity in the later stages of their disease to know what they are signing.
To avoid these challenges, it is strongly recommended that you consult with a Massachusetts Alzheimer’s planning attorney well in advance to discuss the options available to you and to create these documents before they are urgently needed.
