Ask the Elder Law Attorney Robert M. Goldberg
West Point, 1982; University of Michigan Law School, 1990; Member of the National Academy of Elder Law Attorneys & Accredited Veterans Administration Attorney Don’t Delay Planning After Diagnosis with Alzheimer’s Disease Question: I remarried 6 years ago and my new husband has recently been diagnosed with Alzheimer's disease. Is it too late to do any kind of planning? What kind of plans should we make? Answer: I’m very sorry you received such bad news with the holiday season right around the corner. Fortunately, many persons in the early stages of Alzheimer's disease are still able to think clearly and able to make sound decisions. At a minimum, your husband should plan for the progression of Alzheimer’s Disease by signing “advanced directives” – a health care power of attorney, HIPAA release, living will, and financial power of attorney. It is important to understand not all financial powers are the same. He may want to give his “agent” all the powers necessary to do Medicaid planning that may be needed. He should also sign a will and/or a trust naming the persons he wants to receive his assets when he dies. If your new husband has children from his first marriage, I recommend including them in any planning. To eliminate any dispute about his mental capacity I recommend having him evaluated by a neuropsychologist. Do not procrastinate. He may have many lucid years left. But, one never knows with Alzheimer's Disease. Also, don't neglect your own planning: revise your own documents so your husband will not have responsibilities he cannot perform. Make sure not to leave him the home or any money outright since he may need Medicaid to pay for nursing home care if you can no longer care for him in your home. A “Testamentary Supplemental Needs Trust” can be used to provide any of his care not paid for by the Medicaid program.
Bob Goldberg, has practiced law for 31 years, specializing in Estate planning and Elder Law since 1999. His firm assists clients with wills, trusts, Medicaid and VA benefits planning, asset preservation, and probate/trust administration.
Robert M. Goldberg & Associates 770-229-5729 www.goldbergestateplanning.com rgoldberg@goldbergep.com
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