Rochester Elder Law logo

Call (585) 256-0090

Recent

Close up of an elderly man signing a legal document
December 10, 2024
When it comes to signing legal documents, mental capacity isn't as simple as 'capable' or 'incapable.' Whether you're helping an aging parent update their will or concerned about a loved one's ability to manage contracts, knowing the legal standards for capacity can help you make informed decisions and avoid future complications. Learn what courts look for and the key warning signs you shouldn't ignore...
Family having a discussion at the dinner table with a Christmas tree in the background.
December 3, 2024
The holiday season brings families together, offering more than just festive celebrations. For adult children with aging parents, these gatherings provide a valuable opportunity to observe how well their loved ones are managing and to have important conversations about future care needs. Here's what to look out for and how to approach these discussions...
A gavel is sitting on top of a last will and testament
November 12, 2024
When a loved one passes away, dealing with estate matters can be challenging enough without the added stress of an executor who isn't performing their duties properly. Whether you're concerned about your mother's estate or planning ahead for your own estate, understanding the process of replacing an executor in New York State is crucial.
Two puzzle pieces with a heart drawn on them on a blue background.
October 8, 2024
At Rochester Elder Law, we believe in a holistic approach to planning for your future. This approach, known as life care planning, combines the crucial elements of estate planning and elder law to ensure you're prepared for every stage of life. Let's explore how these areas intersect and why they're essential for New York residents...
A wooden gavel is sitting on top of a divorce decree.
October 1, 2024
Divorce is a challenging process that affects many aspects of your life, including your estate plan. At Rochester Elder Law, we understand the complexities involved in navigating divorce and estate planning, especially for long-term marriages. This guide will help you understand the key estate planning considerations during and after divorce in New York...
Show More
Estate Planning for Alzheimer's and Dementia: A Guide for Rochester Families
Estate Planning for Alzheimer's and Dementia: A Guide for Rochester Families
November 19, 2024

When a loved one receives an Alzheimer's or dementia diagnosis, families in Rochester and throughout New York face many challenges. While managing medical care is often the first priority, creating a comprehensive estate plan is equally crucial. Early planning helps protect both your loved one's wishes and their financial security.


Why Early Planning Matters

Time is of the essence with Alzheimer's and dementia estate planning. These conditions are progressive, and legal documents must be created while your loved one still has the mental capacity to make sound decisions. In New York State, all parties must demonstrate "legal capacity" when signing estate planning documents.


Essential Estate Planning Documents for Alzheimer's Patients


Power of Attorney

A Power of Attorney (POA) is perhaps the most critical document for someone with Alzheimer's or dementia. In New York, the document must be:

  • Signed while your loved one still has mental capacity
  • Properly notarized
  • Witnessed by two adults


Your loved one can choose how much authority to give their agent, from managing basic bill payments to making major financial decisions.


Health Care Proxy

A Health Care Proxy allows your loved one to appoint someone to make medical decisions when they can no longer do so. This document is especially important for Alzheimer's patients as the disease progresses. Rochester-area hospitals and healthcare providers are familiar with and honor these documents.


Living Will

While a Health Care Proxy appoints someone to make decisions, a Living Will specifically outlines your loved one's wishes for end-of-life care. This includes preferences about:

  • Medical treatments
  • Life-sustaining measures
  • Pain management
  • Comfort care


MOLST (Medical Orders for Life-Sustaining Treatment)

A MOLST form is particularly important for individuals with Alzheimer's or dementia. Unlike a Living Will, a MOLST is a medical order signed by a healthcare provider that must be followed by all other medical professionals.


Key aspects of New York MOLST forms include:

  • They're printed on distinctive pink paper for easy recognition
  • They remain valid across all healthcare settings
  • They address specific medical interventions including:
  • CPR preferences
  • Intubation and ventilation
  • Future hospitalization
  • Artificial nutrition and hydration
  • Antibiotics


The MOLST differs from other advance directives because:

  • It's completed with a healthcare provider, not an attorney
  • It translates your loved one's wishes into actual medical orders
  • Emergency responders must follow these orders
  • It can be updated as conditions or preferences change


When to Consider a MOLST:

  • After an Alzheimer's or dementia diagnosis
  • When moving into a nursing home
  • If your loved one has other serious health conditions
  • When quality of life becomes a primary concern


Rochester-area healthcare providers are well-versed in MOLST forms, and many local medical facilities have MOLST coordinators who can assist with the process.


Revocable Living Trust

A Revocable Living Trust can be particularly beneficial for those with Alzheimer's or dementia because it:

  • Allows for professional management of assets as the disease progresses
  • Helps avoid guardianship proceedings
  • Provides privacy for the family
  • Can help protect assets for long-term care needs


Planning for Long-Term Care

Rochester offers various long-term care options, from in-home care to memory care facilities. However, these services can be expensive. Early planning should address:


Medicaid Planning

New York's Medicaid program can help cover long-term care costs, but qualification requires careful planning. Working with an experienced elder law attorney can help protect assets while ensuring eligibility for benefits.


Long-Term Care Insurance

If your loved one doesn't already have long-term care insurance, explore whether purchasing a policy is still possible. Some insurers have age and health restrictions, making early planning crucial.


Asset Protection Strategies

Protecting assets while ensuring quality care requires a delicate balance. Consider:


Irrevocable Trusts

These trusts can protect assets from long-term care costs while potentially preserving Medicaid eligibility. However, timing is crucial under New York's look-back rules.


Gift Planning

Strategic gifting may be appropriate, but must be done carefully to avoid Medicaid penalties and tax implications.


Local Resources for Rochester Families

Our community offers numerous resources for families affected by Alzheimer's and dementia:


Regular Review and Updates

Estate plans should be reviewed regularly, especially after:

  • Changes in health status
  • Financial changes
  • Family changes
  • Updates to New York State laws


Legal Capacity Considerations

One of the most challenging aspects of estate planning with Alzheimer's or dementia is timing. Under New York law, your loved one must have sufficient capacity to understand and execute legal documents. Signs that it's time to act include:

  • Recent diagnosis but still able to make decisions
  • Early symptoms but still maintaining independence
  • Growing concern about future decision-making ability


Next Steps for Greater Rochester Area Families

If your family is facing an Alzheimer's or dementia diagnosis, consider these immediate steps:

  1. Schedule a consultation with an elder law attorney
  2. Gather important financial and medical documents
  3. Discuss wishes and preferences with your loved one
  4. Connect with local support resources
  5. Begin exploring care options and costs


How We Can Help

At Rochester Elder Law, we understand the unique challenges faced by families dealing with Alzheimer's and dementia. Our experienced attorneys can help create a comprehensive plan that protects your loved one's wishes and assets while ensuring access to quality care.


We offer compassionate guidance through every step of the planning process, from creating essential legal documents to navigating Medicaid planning and asset protection strategies.


As part of our commitment to the Rochester community, attorney Miles Zatkowsky regularly speaks at Alzheimer's Association Rochester & Finger Lakes Region events, providing valuable insights about legal planning for those diagnosed with early-stage Alzheimer's and their caregivers. These educational sessions offer families the opportunity to learn about crucial legal considerations and ask questions in a supportive environment.


Our deep involvement with the local Alzheimer's community helps us stay current with both the legal and practical challenges families face, allowing us to provide more comprehensive and empathetic service to our clients.


Contact us today to schedule a consultation and take the first step in securing your loved one's future, or check our events page to attend one of our upcoming educational sessions.



Disclaimer:
This article is for informational purposes only and does not constitute legal advice.
Please consult with an attorney for advice specific to your situation.

more news you can use
Close up of an elderly man signing a legal document
December 10, 2024
When it comes to signing legal documents, mental capacity isn't as simple as 'capable' or 'incapable.' Whether you're helping an aging parent update their will or concerned about a loved one's ability to manage contracts, knowing the legal standards for capacity can help you make informed decisions and avoid future complications. Learn what courts look for and the key warning signs you shouldn't ignore...
Family having a discussion at the dinner table with a Christmas tree in the background.
December 3, 2024
The holiday season brings families together, offering more than just festive celebrations. For adult children with aging parents, these gatherings provide a valuable opportunity to observe how well their loved ones are managing and to have important conversations about future care needs. Here's what to look out for and how to approach these discussions...
A gavel is sitting on top of a last will and testament
November 12, 2024
When a loved one passes away, dealing with estate matters can be challenging enough without the added stress of an executor who isn't performing their duties properly. Whether you're concerned about your mother's estate or planning ahead for your own estate, understanding the process of replacing an executor in New York State is crucial.
Show More

Still have questions?

Tell us about your situation.

Schedule a Consult
Share by: