After a Dementia Diagnosis: The 10 Legal Steps You Must Take in the First 30 Days
All month, I’ve been writing about the legal issues that must be addressed when someone is diagnosed with dementia. And while dementia progresses erratically and differently in everyone, a dementia diagnosis changes everything. It’s important to be proactive, but the first 30 days are especially critical. Legal planning done early protects the person diagnosed, reduces family conflict, and prevents costly court involvement later.
The following checklist can be printed out or copied to your phone. I hope you will use it to complete the actions that will allow your loved one to participate in decisions while they are still cognitively able, and to protect them throughout their dementia journey.
- Confirm legal capacity
Ask the physician to document whether the person can still make legal decisions. This affects every step that follows. - Update or create a Power of Attorney (POA)
Ensure financial POA is in place and immediately usable. Without it, families may face court-appointed guardianship. - Complete a Health Care Proxy
Designate who can make medical decisions when the person who has been diagnosed no longer can—and discuss wishes clearly. - Review or update the will
Confirm that chosen beneficiaries, executors, and detailed instructions still reflect current intentions. - Create or revise an advance directive
Document preferences for life-sustaining treatments, resuscitation, and end-of-life care. - Secure HIPAA authorizations
Without these, doctors and facilities may legally refuse to share information with family. - Inventory financial accounts and assets
List bank accounts, insurance policies, property, pensions, and debts in one secure document. - Review long-term care and benefits planning
Explore Medicaid planning, veterans’ benefits, and long-term care insurance eligibility early. - Protect against financial exploitation
Set up account monitoring, spending limits, and trusted contact alerts with financial institutions. - Consult an elder law attorney
A brief consultation can prevent devastating mistakes and tailor documents to state laws.
If you, or a loved one has received a dementia diagnosis following through with the 10 important actions listed above in the first 30 days post-diagnosis preserves choice, dignity, and control. Delay can lead to lost rights, frozen assets, and unnecessary legal battles. Print this checklist, share it with family, and take the first step today. We can help with many items on the list. And, if you need to assess capacity, or you simply want to make a plan that addresses your desires before cognitive decline begins, give my office a call today at (470) 235-7868.
Looking to find an experienced estate lawyer in the Georgia area who is skilled in asset protection and estate plan preparation? Shannon Pawley is an attorney in Georgia with expertise in estate planning and asset protection. Shannon can provide assistance with creating an estate plan to include making a will and how to establish a trust properly. If you have questions about asset protection or questions about making an estate plan, reach out to Shannon and she will be glad to help answer all the estate planning questions you might have!
