When a loved one is diagnosed with dementia, life changes—sometimes gradually, sometimes all at once. It’s a deeply personal and emotional journey that affects not only the individual but also their family, caregivers, and plans. While no one wants to think about legal documents in the midst of such a diagnosis, taking action early can provide clarity, reduce stress, and ensure that your loved one’s wishes are respected.
At Kozloff Stoudt, our elder law attorneys work with families in Wyomissing and throughout Pennsylvania to create thoughtful estate plans that account for the challenges of dementia and other cognitive impairments. Here’s what families should know about planning—and why it matters.
Why Early Planning Makes a Difference
The legal tools that protect a person’s interests—such as powers of attorney, living wills, and trusts—rely on that person having the capacity to make decisions. Dementia, especially in its later stages, can impair that capacity.
Acting early allows your loved one to:
- Participate fully in decisions about their care and finances
- Choose the people they trust to act on their behalf
- Outline personal preferences for medical treatment
- Protect their assets for long-term care or future generations
Waiting too long may result in legal complications, such as guardianship proceedings, that can be costly and emotionally difficult for everyone involved.
Key Legal Documents to Consider
While every family’s situation is unique, certain legal documents can provide a foundation of protection and peace of mind.
Durable Power of Attorney
This allows a trusted person—called an agent—to make financial and legal decisions on behalf of your loved one if they become unable to do so. In Pennsylvania, this can include paying bills, managing investments, and handling property matters. Durable powers of attorney remain in effect even if the person becomes incapacitated, making them essential in planning for dementia.
Health Care Power of Attorney & Living Will
A health care power of attorney lets your loved one appoint someone to make medical decisions if they’re unable to communicate. A living will, also known as an advance directive, outlines an individual’s preferences for end-of-life care. Together, these documents help ensure that medical choices reflect your loved one’s values.
Revocable Living Trust
A revocable living trust can be a helpful tool for managing assets during life and transferring them after death without the need for probate. If your loved one’s condition progresses, the trustee (often a family member or attorney) can step in and manage the trust without court intervention.
Last Will and Testament
A will outlines how property should be distributed after death. If one does not already exist, now is the time to create one, while your loved one still has the capacity to make those decisions.
Practical Steps for Families
Legal planning doesn’t happen in isolation—it works best when combined with family discussions, documentation, and a supportive team. Here are a few practical tips for getting started:
- Have a conversation early–Speaking openly with your loved one about their wishes can lead to more thoughtful planning.
- Gather documentation–This includes bank accounts, insurance policies, real estate deeds, and retirement plans. Having this information on hand makes legal planning smoother.
- Coordinate with medical providers–Ensure that any medical diagnosis is documented and up to date, especially if it supports capacity during document execution.
- Review long-term care needs–Explore care options, insurance coverage, and Medicaid planning. These choices often tie into estate planning strategies.
The best way to protect your loved one is to consult an attorney who is familiar with Pennsylvania elder law.
Supporting Loved Ones With Dignity
Planning for dementia involves more than just paperwork. It’s a matter of preserving dignity, easing burdens on caregivers, and honoring someone’s choices even when they can no longer speak for themselves.
At Kozloff Stoudt, we approach every estate planning conversation with care and respect. Families in Wyomissing and beyond come to us during vulnerable times, and we’re here to guide them with compassion, clarity, and experience.
Whether you’re facing an early diagnosis or helping a loved one through an ongoing cognitive decline, we can work with you to create a plan that brings peace of mind—now and into the future. Contact us today for the informed guidance and caring, efficient service we provide.