When Dementia Comes KnockingAt Your Family’s Door

One in nine people, age 65 and older, have Alzheimer’s.  Almost two-thirds of Americans with Alzheimer’s are women.  An estimated 6.7 million Americans aged 65 and older are living with Alzheimer’s.  In Wyoming, our population over 65 is increasing rapidly as the Baby-Boomer generation ages.  As a rural state, we have limited resources to help families facing dementia and Alzheimer’s.  So, if you have a family member diagnosed with Alzheimer’s, what should you do?

1.         Contact the Alzheimer’s Association at www.alz.org.  They have helpful resources to help you get started planning for the future, including a list of state and county agencies that may be able to help.

2.         Seek Appropriate Medical Support.  While your family physician is helpful, it may make sense to seek out specialty help, like a Neurologist, to help you understand if there are any pharmaceutical supports or cognitive activities that may slow progression of the disease.

3.         Plan for the Future – Life Will Change.  When you first face dementia, it is difficult to know how the disease will progress, how long your loved one will be able to stay at home, and how much help will be needed.  The most important thing you must face is that life will change.  The sooner you face it, the sooner you can start to make a plan. 

4.         Create Legal Documents While Still Competent.  While your loved one still has capacity, it is important for them to create an estate plan.  The plan needs to include a financial power of attorney, healthcare power of attorney, advanced healthcare directive (also called a Living Will), and a Will or Trust.  Once capacity is lost, instead of simply creating these documents, your family will be left to go through a “Living Probate.”  This is a court process to appoint a Guardian and Conservator for your loved one.  Not only is this process expensive, but it is also public, unpredictable, and time consuming. 

5.         Investigate Long-Term Care Options.  The average cost for long-term care in Wyoming is about $8,000 per month.  Most families cannot afford this for long.  Many of the long-term care facilities, especially dementia care units, have waiting lists.  The sooner you contact them and get on the list, the better. 

6.         Medicaid Financial Emergency Planning. Once you make a care plan, you should seek legal advice to understand how to preserve family assets while qualifying for Medicaid.  We call this Medicaid emergency planning, and we can help.  The sooner you meet with a qualified Elder Law attorney, the more family assets you will have the chance to save.  If a family member will provide the care, there are certain documents that should be created to document this relationship for Medicaid qualification reasons.

7.         Update Family Estate Plan.  You do not want to leave assets to a loved one who is trying to qualify or is on Medicaid.  This could disqualify them from receiving benefits or result in the State receiving your family assets, unnecessarily.  We can help you update your plan to make sure your loved one is cared for, while ensuring the assets are retained in the family.

Lubnau Law can help your family plan to protect your assets for the unexpected like Dementia and Alzheimer’s.  Planning early is best, but even if a family member is about to go into the nursing home, there are steps you can take to preserve your family legacy.  Call Lubnau Law at (307) 682-1313 to see how we can help your loved ones.