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Persons with Memory Loss

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Legal Issues

Legal Issues

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> Introduction
> Advance directives
> Other legal documents
> Related resources

Introduction

It is important to obtain legal advice and services from an attorney. You may want to hire an attorney who practices elder law, a specialized area of law focusing on issues that typically affect older adults. Bring a family member with you when you see your attorney.

Free legal advice may be available in your community. Contact your local Legal Aid Society, Area Agency on Aging, or nonprofit legal assistance organizations. Your local chapter of the Alzheimer's Association may be able to provide referrals for legal advice and services.

Advance directives

Legal documents called advance directives enable you to document your preferences regarding treatment and care, including end-of-life wishes. Talk with your family and your doctor about your preferences for end-of-life care. If you do not decide on your care now, your family may have to later. With advance directives, your family will know your preferences.

Two common forms of advance directives are a living will and a durable power of attorney for health care.

  • A living will states your choices for future medical care decisions, including the use of artificial life support systems. You have the legal right to limit or forgo medical or life-sustaining treatment, including the use of mechanical ventilators, cardiopulmonary resuscitation, antibiotics, feeding tubes, and artificial hydration.

  • A durable power of attorney for health care allows you to appoint an agent (usually a trusted family member)  to make all decisions regarding health care. These decision may be about health care providers, medical treatment, and end-of-life decisions. The term durable means that this agent can act on your behalf after you are unable to make decisions yourself.

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Other legal documents

  • A durable power of attorney gives you an opportunity to authorize an agent (usually a trusted family member or friend) to make legal and financial decisions for you when you no longer can make them on your own. The term durable means that this agent can act on your behalf after you are unable to make decisions yourself.

  • Living trusts allow you to create a trust and to appoint someone else as trustee (usually a trusted individual or bank) to carefully invest and manage your assets.

  • A will is a document you create that names an executor (the person who will manage your estate) and beneficiaries (those who will receive the estate at the time of your death).

Once you have filled out these documents, make sure that you, your caregiver or a trusted family member, your attorney, and your doctor all have a copy.

Related resources

Planning Ahead

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