There are several legal issues which must be addressed as soon as possible if Alzheimer's Disease is suspected. To hesitate could be costly and prevent the AD patient's wishes from being carried out. If these issues are not addressed while the Alzheimer's patient is of basically sound mind, decisions will revert to the State which will then appoint a guardian for the patient and his/her estate. This will result in unnecessary legal costs and in the future, additional medical costs.

While the Alzheimer's patient is of legally sound mind, he/she has the right to grant a General or Durable Power of Attorney to any person. The appointed Attorney in Fact may then carry out the wishes of the patient when the patient is no longer able to act on his/her own behalf. It should be pointed out, however, that a Power of Attorney is active only until such times as the Attorney in Fact has been properly removed or the patient has died. A General Power of Attorney gives the appointed person full control over the assets of the principle, including but not limited to all monies and property both real and personal. The only exception is the appointment of a different person as the Health Care Attorney in Fact.

The Health Care Attorney in Fact is appointed in a Health Care Power of Attorney and this person has undisputed authority in matters concerning the health and treatment of the patient. It is best if this person is not a son or daughter of the patient due to the extreme emotional trauma which may result in making critical health decisions or in caring out the wishes of the patient as set forth in his/her Living Will.

The Living Will allows the patient to determine what medical procedures may be witheld. These could include a "do not resusitate" order, the use of life sustaining equipment, the stopping of treatment, and refusal of food or water by means of a tube.

NOTE :

We cannot over-emphasize the importance of getting these three documents accomplished and urge you to get it done as early as possible. Once the patient's mental ability comes into question, anything done after that point is subject to be challenged. Matters will then be placed in the hands of a person appointed by the State who may or may not carry out the patient's wishes

You may want to check with your local Council on Aging, Legal Aid, or your local hospital to inquire as to whether or not they may have the above legal forms available. You may also wish to consult your attorney for assistance.

There are forms available on the Web. Some are free and some have a nominal fee. Forms

It should also be pointed out that all states have strict regulations concerning the amount of assets a patient may own in order to be able to receive assistance from the State. This may require some estate planning with help from legal counsel.