Battling Alzheimer

A while back I did a post that asked the question, “Do You Need an Elder Law Attorney?”

Today, I want to give you some resources to help you navigate caregiving from a legal perspective. For me, the legal issues were a necessary evil. I needed to be able to make decisions for my mom, so I got Durable Power of Attorney. I took care of mom’s financial matters, so that the very little she did have would not prevent her from getting “tuition assistance” for adult day care.

I got copies of her medical records because I moved her to another state and wanted to have everything at my fingertips.

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Yesterday, I talked about how courts/judges make decisions regarding who might be awarded conservatorship/guardianship. Today, I want to look at the process and what it takes become a conservator or guardian.

Remember the terms conservatorship and guardianship are used interchangeably in some jurisdictions, and in others they have slightly differing meanings and functions. I use the terms interchangebly.

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It’s obvious to you, other family members and even friends that something is awry with your loved one. It’s serious enough that you and others have begun to think about taking over the financial and medical affairs of the one who is showing serious signs of dementia and is clearly unable to independently handle day to day responsibilities.

To make matters worse, your loved one does not have a living will. Nor does anyone in the family have Durable Power of Attorney, which gives the legal right to handle financial and medical issues on your loved one’s behalf.
This is where the legal terms Guardianship and Conservatorship come in. Let me give you definitions before we go any further. More →

Do Not Resuscitate (DNR)

It sounds so final. 

It sounds cruel.

It sounds like death.

Do not resuscitate (DNR) order is a part of advanced medical directives allowed by federal law passed in 1991, expanding the notion of patient autonomy to situations in which they may not be able to make crucial medical decisions due to incapacitation. It instructs medical personnel not to perform life-saving cardiopulmonary resuscitation (CPR) or other procedures to restart the heart or breathing once they have ceased. By law, the DNR directive must be offered as an option to patients by health providers in, and in some states, out of a hospital setting. Once signed, the DNR directive must be placed in the in the patient’s chart. (Encyclopedia of Surgery: A guide for Patients and Caregivers)

My true confession; yesterday, I talked about the fact that we fall into the trap of not talking about end of life issues with the hopes that they will just go away.  I understand that quite well.

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When we were kids, we used to put our hands over our ears and hum loudly or say, “I can’t hear you.”  It was our way of telling the other child who was speaking that we were not interested in, and would not listen to whatever they had to say. 

Then there’s my youngest son.  He covers his face with his favorite blanket.  That’s his way of “hiding.”  He figures, if he can’t see me, then I can’t see him.

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 Caregivers in general and caregivers of Alzheimer’s patients specifically need to evaluate their legal needs. This is best done earlier versus later in terms of the progression of Alzheimer’s disease.  Yesterday, I talked about Power of Attorney (POA).  There really isn’t a question here as to if you, as a caregiver should get power of attorney, the question is when; and the answer (again) is sooner rather than later.

It’s not quite as simple when it comes to using the services of an Elder law attorney.  So, I’ll spend a little time talking about: More →

For the next couple of days, we’ll take a look at some of the legal issues facing caregivers and Alzheimer’s patients.

It is an incontestable fact that Alzheimer’s will ultimately render the one who has it, unable to handle day to day, legal and health care decisions.  It’s not something that caregivers or Alzheimer’s patients look forward to discussing, but it is absolutely necessary.

A few weeks ago, I did a series of posts about the stages of Alzheimer’s disease and how caregivers should respond to those stages.  As the disease progresses it will become apparent that your loved one needs more and more help; it is imperative that you (or someone close to the situation) get Power of Attorney (POA), so that the family is able to make life, legal and health care decisions for your loved one.

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