LEGAL SERVICES
NEEDED AS SOON
AS DIAGNOSIS AFFIRMED

.

1. Due to the slow progress of the disease, incapacity is slowly recognized and the memory deficit may be too far advanced for the client to make responsible legal decisions.

            a. Signs of impaired memory begin with forgetfulness and confusion, followed by poor
                decision making, giving away things of value, and poor judgment in financial
                 matters. 
            b. Homeowners purchase new or unneeded major home improvements.
            c. Women have a tendency to give away their jewelry or other valuable property.

2. All families should have a living will, a health care power of attorney and designation of health care agent under HIPAA, as well as a durable financial power of attorney in place while everyone is in good health and in control of all their faculties.  

            a. Copies of these forms should be given to the person, who is to be in charge, such
                as one of the children and your doctor(s).
            b. The durable financial power of attorney can be recorded at the Registrar of Deeds
                at the time it is executed. If the document is later lost, it is already recorded at the
                registry and a copy can be used when needed.
           c. These documents allow you to have persons assist you in keeping your personal
                health and financial matters private, without the necessity of seeking a
                guardianship.               

3. At initial stage of illness, while client still aware of legal responsibilities, the family should contact a lawyer to discuss whether setting up an irrevocable living trust is warranted.

            a. If not irrevocable, the client will later forget he/she made this decision and will
                change it many times.
            b. If not irrevocable, it will not be recognized by Medicaid if needed later.

4. As disease progresses, the well spouse or children must be strong and take over or share financial responsibility.

            a. To share the financial responsibility, one can become a deputy to the client’s
                checking account and would then sign all the checks.

*If financial matters are not taken care of early, it can be DISASTROUS.   As the memory deficit becomes worse the client must then be declared incompetent and this can be both difficult and very expensive.

*A physician must examine the client and find that they are unable to attend to their own affairs, whether personal or financial.  This finding is presented to the clerk of the court and through a hearing, jury trial, or trial by judge a guardian may be appointed. The client is then a “ward” of the court. There may be a general guardian, or guardian of estate and guardian of person.

*The general guardian or guardian of the estate must post a bond and file yearly accountings for approval with the clerk of the court.  If a ward’s home needs to be sold, it can only be done by order of the court.  Likewise, many major decisions must be approved by the clerk of the court.

*Having a guardian to take care of your financial and/or health matters means that your personal information is public record and it could be a great cost to your assets.               

                                                                                                                                             5/2007