It is an unfortunate statistic that one-third of individuals who live past the age of 85 are expected to suffer from dementia. What’s worse, a cure has yet to be found for this debilitating, life-altering, and even life-threatening disease. It is possible that you know loved ones who have fallen victim to dementia, and with this you may grow fearful that the same will happen to you. Generally speaking, there is not much you can do to avoid it. However, the best thing you can probably do to help yourself is to prepare for the worst. This may entail preparing your estate plan well ahead of time, among other things. Read on to discover what happens to your estate planning if you are diagnosed with dementia and how a seasoned Broward County power of attorney at The Probate Lawyers can help you come up with a resolution.
What symptoms are associated with a dementia diagnosis?
Dementia is more than a single disease. Rather, it is a culmination of symptoms that an individual may experience, particularly impairing their brain functions. Without further ado, below are common symptoms associated with a dementia diagnosis:
- A struggle to remember recent events (i.e., short-term memory loss).
- A change in behavior and overall personality (i.e., more irritability).
- A tendency to withdraw in social settings and feelings of depression.
- An increased confusion in performing everyday tasks.
- A reduced concentration span in performing everyday tasks.
What happens to my estate planning if I am diagnosed with dementia?
Sadly, the symptoms that come with a dementia diagnosis may seriously hinder an individual’s ability to function in their daily life independently. So, as far as estate planning goes, it is rather impossible to establish these legal documents while suffering from this condition.
This is because you cannot sign your name at the bottom of your estate planning documents if you have any mental incapacity. Such a mental incapacity means you cannot cognizantly make decisions on your own. So even if you do sign these documents after your dementia diagnosis, the Florida probate court may deem these documents invalid and unenforceable. Ultimately, your estate may go into intestate upon your unfortunate passing.
This is all to say that you should kickstart your estate planning well before you reach the age when a dementia diagnosis is heightened (i.e., the age of 85). Namely, this should entail establishing financial and healthcare powers of attorney. This may be in addition to the traditional last will and testament, the revocable living trust, and more.
If unsure of your next move, you should resort to a competent Broward County estate lawyer. Someone at The Probate Lawyers will know the legal option that works in your best interest. So call our firm today.
