Legal issues

As a caregiver, you should begin making legal preparations soon after your loved one has been diagnosed with a serious illness. People with Alzheimer's disease and other long-term illnesses may have the capacity to manage their own legal and financial affairs right now. As these diseases advance, however, the patients will need to rely on others to act in their best interests. This transition is never easy, but advance planning allows patients and their families to make decisions together for what may come.

Health Tips from Dr. Healy: Video: Exercise your mind and body to fend of Alzheimer's Choose another disease or condition... Allergic Rhinitis Allergies, Food Allergy & Asthma Center Alzheimer's Disease Anxiety Aortic Aneurysms Arrhythmia Arthritis, Osteo- (OA) Arthritis, Rheumatoid (RA) Asthma Atopic Dermatitis Attention Deficit Hyperactivity Disorder (ADHD) Back Pain Brain Tumor Bones, Joints & Muscles Center Breast Cancer Brain & Behavior Center Brain Tumor Cancer Center    Brain Tumor    Breast Cancer    Cancer Prevention    Clinical Trials    Colorectal Cancer    Endometrial Cancer    Living With and Beyond Cancer    Lung Cancer    Prostate Cancer    Skin Cancer Cardiomyopathy Cataracts Cholesterol Control Clinical Trials Chronic Obstructive Pulmonary Disease (COPD) Colorectal Cancer Congenital Heart Disease Congestive Heart Failure (CHF) Coronary Artery Disease (CAD) Crohn's Disease Depression Diabetes Center Diabetes, Type 1 Diabetes, Type 2 Digestive Disorders Center Eczema Endometrial Cancer Erectile Dysfunction (ED) Eye & Vision Center Fibromyalgia Food Allergies Gallstone Disease Gastroesophageal Reflux Disease (GERD) GERD Glaucoma Hay Fever Headache Heart Center Hepatitis A Hepatitis B Hepatitis C High Blood Pressure Hypertension Hypertrophic Cardiomyopathy (HCM) Impotence Insomnia Irritable Bowel Syndrome (IBS) Living With and Beyond Cancer Losing Weight Lung Cancer Macular Degeneration Memory Loss Osteoarthritis (OA) Osteoporosis Parkinson's Disease Peptic Ulcer Prediabetes Prostate Cancer Respiratory Disorders Center Restless Legs Syndrome (RLS) Rheumatoid Arthritis (RA) Sexual & Reproductive Health Center Sinusitis Skin Cancer Sleep Apnea Sleep Center Stroke Type 1 Diabetes Type 2 Diabetes Ulcerative Colitis (UC) Weight Control The miracles of brain repair America's Best Hospitals for Neurology and Neurosurgery See the top five websites for information about Alzheimer's Disease Alzheimer's patients still benefit from an early diagnosis Alzheimer's Disease-Related Clinical Trials Information Email this page Print this section

A caregiver of an individual who no longer has the legal capacity to execute powers of attorney or trusts may have to become that individual's guardian or conservator. A guardian has the legal authority to make decisions about the lifestyle and well-being of another person. The decisions a guardian may make include where a person may live, what care and medical treatment will be provided, and what religious and educational activities will be made available. A conservator has legal authority to manage another person's financial affairs

If the person being cared for has the legal capacity--the level of mental functioning necessary to sign official documents--he should actively participate in legal planning. Clearly written legal documents that outline your loved one's wishes and decisions are essential. These documents can authorize another person to make healthcare and financial decisions, including plans for long-term care.

To give your loved one the best care possible, obtain legal advice and services from an attorney. If the person you're caring for is age 65 or older, consider hiring an attorney who practices elder law, a specialized area of law focusing on issues that typically affect older adults. If you cannot afford an attorney, legal forms can be accessed through resources including books and the Internet. Legal issues may be discussed with a social worker or clergy free of charge.

See our section on legal documents