Debilitating medical conditions can affect an individual’s ability to live independently, especially in their golden years. People living with physical limitations may require support from loved ones. As people age, their risk of different, significant medical conditions increases.
Dementia is a potentially devastating diagnosis. There are multiple types of dementia, including Alzheimer’s disease. While they progress at different rates and have different underlying causes, all forms of dementia can impact a person’s ability to live on their own safely. Dementia typically impairs an individual’s ability to understand their circumstances and act in their own best interests.
Family members who learn of a loved one’s dementia diagnosis likely feel a profound sense of grief. They may also worry about their loved one’s support needs. Unless the person with dementia made careful plans long in advance, family members may want to consider asking the courts to award them guardianship or conservatorship for the protection of the vulnerable party.
Legal authority is key to effective support
People experiencing cognitive decline and routine confusion can make choices that have devastating consequences. They might give away property that they need for their own financial stability or fall victim to fraud. They may forget important appointments or refuse medical treatment that could prove beneficial. Their choices could leave them medically vulnerable and at risk of eviction or foreclosure.
When family members worry about the impact of a dementia diagnosis, they may need to intervene by assuming legal authority. Unless the person with dementia has previously established durable powers of attorney authorizing others to handle their medical and financial affairs, litigation might be necessary.
Concerned parties with evidence of another person’s decline can ask the courts to award them conservatorship or guardianship. Conservatorship involves management of assets to ensure that people don’t waste their resources or fail to fulfill their financial obligations. Guardianship provides control over daily life, including medical decision-making authority.
When people have demonstrated an inability to act in their own best interests or have a recent dementia diagnosis, the people closest to them may need to take action. Seeking legal authority as a conservator or guardian may help people provide the support that an aging loved one with dementia requires.