June is Alzheimer’s and Brain Awareness Month, and this is a subject that is very important in the elder law community. You should recognize the ubiquity of this looming threat and take the right steps to protect yourself in advance.
Let’s look at some eye-opening facts about this debilitating disease before we get into the preventative measures that can be implemented.
Alzheimer’s by the Numbers
More than six million Americans are currently living with Alzheimer’s disease. One in three seniors dies with some form of dementia, and the numbers are only expected to grow. The Alzheimer’s Association projects that by 2050, nearly thirteen million Americans will be diagnosed with the disease.
In Kansas alone, over 58,000 residents age 65 and older live with Alzheimer’s, and tens of thousands more serve as unpaid caregivers for loved ones dealing with the effects. This disease doesn’t just affect individuals—it reshapes families and creates emotional and financial strain.
The Legal Impact of Cognitive Decline
The early stages of Alzheimer’s may involve mild memory loss or occasional confusion. But as the disease progresses, it impairs the ability to manage finances, make medical decisions, and live independently.
If you haven’t created the right legal documents before those symptoms begin, your family could be forced to seek guardianship and/or conservatorship through the Kansas courts.
That process can be stressful, time-consuming, and expensive. Worse, it leaves important decisions in the hands of a judge rather than the people you trust.
You can avoid this outcome by taking action while you are still able to express your wishes and legally authorize others to act for you.
Start With the Right Legal Tools
An effective elder law plan starts with two foundational documents: a durable power of attorney and a healthcare power of attorney.
The durable power of attorney allows you to name someone to handle your financial matters if you become incapacitated.
This includes managing bank accounts, paying bills, filing taxes, and making investment decisions. It remains effective even if you lose mental capacity, which is exactly what makes it so important.
A Kansas healthcare power of attorney gives someone you trust the authority to make medical decisions on your behalf if you can’t communicate. You should also include a living will, which states your preferences about end-of-life care, including artificial nutrition, hydration, and life-sustaining treatments.
These documents are simple to execute when you’re of sound mind but they cannot be created once capacity is in question.
Consider a Living Trust for Asset Management
If you want to provide even greater protection, a revocable living trust can help. This legal tool allows you to transfer ownership of your assets into a trust while retaining control during your lifetime.
You name a successor trustee to step in if you become incapacitated, eliminating the need for court involvement.
With a trust in place, your loved ones can manage your property and finances according to your instructions without needing a conservatorship. It also helps keep your estate out of probate after your death, which streamlines administration and protects privacy.
Act While You Can Still Choose
You never know when memory loss will begin, and Alzheimer’s can strike earlier than many expect. Planning now ensures that you will choose who manages your affairs, who has access to your medical records, and how your assets are handled.
These choices should not be made in a moment of crisis. They should be made in advance, with careful thought and legal guidance.
Let’s Get Started!
To schedule a consultation at our Overland Park, KS estate planning and elder law office, call us at 913-521-2828 or send us a message through our contact page.
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