Westchester County Elder Attorney Anthony J. Enea Sheds Light on Legal Planning for Alzheimer’s Disease
According to the
The Alzheimer's Association predicts that the costs associated with increased diagnoses in the coming years will reach
"As more individuals are diagnosed with the illnesses commonly associated with the aging process, irrespective of whether it impacts one mentally and/or physically, it is inevitable that the cost of care on the Medicare and Medicaid programs will dramatically increase," said
Enea recommends a proactive approach to advanced planning before an individual's mental capacity may become an issue. This often includes executing a combination of documents – a durable power of attorney with broad powers, an irrevocable trust funded with one's home and a portion of one's liquid assets, advance directives such as a health care proxy and HIPPA form, and a revocable living trust to allow continuity of management of one's assets in the event of incapacity. Purchasing long-term care insurance is another option to consider.
"For those recently diagnosed, it's crucial to get your estate planning needs in order as soon as possible," noted Enea. "Executing a durable power of attorney with broad powers, including broad gifting powers, will allow your family to handle all financial affairs should you no longer have the capacity to do so. In addition to preserving continuity of asset management, a revocable living trust also helps avoid the possibility of probate in the future."
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"While no one anticipates developing Alzheimer's or dementia, it is a reality for millions across the country," said Enea. "Taking a proactive role in advanced planning – either before a diagnosis or as soon as possible afterward – will allow seniors to protect and preserve their wealth in the years to come and help ensure their final wishes are honored."
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