Updating Estate Planning After a Dementia Diagnosis

June 18, 2025 • | Larson Law Office
Planning early after a dementia diagnosis ensures that your medical and personal wishes are documented, which can ease future stress and maintain control over decisions as the disease progresses.

A diagnosis of Alzheimer’s or another form of dementia is life-changing. While it’s natural to focus on medical care and emotional support, legal planning is just as essential. One of the most important steps you can take is to meet with an experienced elder law attorney to update your estate plan — especially your health care directives.

Without the right legal documents in place, your loved ones may be forced to make difficult decisions without clear guidance. Early planning ensures that your wishes are known and reduces stress for your family later on.


What Is an Advance Directive — and Why Is It So Important?

An advance directive is a legal document that outlines your health care preferences in case you lose the ability to communicate or make decisions for yourself. These documents guide your medical team and your family in moments of crisis — such as during a medical emergency or in the later stages of dementia.

The Two Most Common Advance Directives:

  • Living Will: States which medical treatments you want or don’t want (e.g., resuscitation, feeding tubes, ventilators).

  • Durable Health Care Power of Attorney: Appoints a trusted person (your health care proxy) to make medical decisions on your behalf if you become unable to do so.


What Is a Dementia-Specific Directive?

A dementia directive is an enhancement to a traditional advance directive. While a standard directive addresses general end-of-life care, a dementia-specific directive outlines your care preferences at various stages of cognitive decline — mild, moderate, and severe.

For example, you might wish to pursue all available treatments in the early stages but opt for comfort-focused care only in the later stages. By making these choices early, you free your loved ones from the emotional burden of guessing what you would have wanted.


How an Elder Law Attorney Can Help You Plan for Incapacity

An elder law attorney understands the legal, medical, and practical aspects of aging and incapacity. They can help you:

  • Draft or update your advance directives

  • Add dementia-specific guidance

  • Review or create a complete estate plan

  • Avoid future legal complications, such as guardianship proceedings

Planning ahead ensures that your documents are both legally valid and tailored to your unique situation.


Why You Need to Act Early After a Diagnosis

Timing is critical. Legal documents must be signed while you are still legally competent to make decisions. If you wait too long, you could lose the legal capacity to sign documents — leaving your family with no option but to go through court for a guardianship or conservatorship.


Talk With Your Loved Ones About Your Wishes

Legal planning isn’t just paperwork — it’s a conversation. Sit down with your family and health care proxy to discuss:

  • Your diagnosis

  • The type of care you want at each stage

  • Where your legal documents are kept

  • How you want your health care proxy to act on your behalf

These conversations can prevent misunderstandings, reduce conflict, and give your loved ones peace of mind during difficult times.


Speak With an Elder Law Attorney Today

If you or a loved one has been diagnosed with dementia, don’t wait. The earlier you begin planning, the more options and control you’ll have. At Larson Law Office, we’ll help you:

✅ Draft or revise your advance directives
✅ Add dementia-specific preferences to your health plan
✅ Create a complete estate plan for your future care and finances

📞 Call us at 480-582-5228
📅 Or book a consultation online

Your voice matters — even when you can’t speak for yourself. Let us help you make it heard.

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