Step 1: Contact an Elder Law Attorney
The first step you should take after a loved one is diagnosed with dementia is to contact an elder law attorney. It’s crucial that they have a well-drafted and legally binding plan in place to protect their assets and legacy. An elder law attorney can guide you through the process of protecting your loved one, and making sure their wishes are respected.
We cannot say it enough: contact an elder law attorney right away, while your loved one still has their cognition. This will prevent you from having to file for guardianship or conservatorship later—both processes that can be quite time-consuming, complicated, and expensive.
Step 2: Organize Legal Materials
Work with your elder law attorney and loved one to create or restructure their estate plan. Do this while they are still of sound mind, and able to clearly communicate their wishes. There are five foundational estate planning documents that should be in place to ensure their quality of life and preserve their legacy:
- Will: Names an executor, who is responsible for paying debts and distributing estate assets per the decedent’s wishes.
- Trust: Distributes assets and property, but avoids probate and keeps distributions private, if the trust is well-designed, fully funded, and routinely updated.
- Durable Financial Power of Attorney: Designates someone to handle financial affairs.
- Health Care Surrogate: Designates a trusted agent to make health care decisions in the event of incapacitation.
- Living Will: Outlines wishes for end-of-life medical care.
The average annual cost for residential memory care in Florida ranges from $60,000 to over $100,000. Long term care planning employs proven legal strategies to protect your assets, pay for care, and help you maximize government benefits.
Step 3: Create a Caregiving Plan
As your loved one’s dementia progresses, their needs will change. Creating a thoughtful caregiving plan early on will help reduce stress and prepare your family for what lies ahead. Consider:
- Who will provide day-to-day care and how that might evolve.
- Whether in-home help, adult day programs, or memory care facilities are appropriate.
- Building a caregiving team that includes family members, professionals, and community support.
- Exploring local resources such as the Alzheimer’s Association, Area Agency on Aging, support groups, and respite care programs.
- Keeping detailed notes about care preferences, medications, routines, and communication strategies.
Caregiving is a long-term commitment—planning for it now can preserve your loved one’s dignity and reduce future emergencies.
Step 4: Take Care of Yourself
As a caregiver for a loved one with dementia, it’s important that you take care of yourself—not just your loved one. This can be an emotional journey, and surrounding yourself with a supportive community is crucial. Whether you join a support group, confide in close family and friends, or take time for yourself every day, it’s important that you prioritize your own well-being to avoid burnout.
Caregiving for a loved one with dementia is a major responsibility—and it’s not always easy to navigate on your own. It can be tough watching a loved one experience cognitive decline, confusion, and memory lapses. Set realistic expectations for yourself, and remember it’s okay to ask for help.
Contact Us
At Florida Elder Law & Legacy Planning, we understand how difficult it can be to receive a dementia diagnosis. If you need support navigating this journey, contact our office to schedule a consultation with our Board Certified Elder Law Attorney.
