Legal Planning Checklist

Authorizes someone to make financial decisions when the person can no longer manage their own affairs. Must be executed while the person still has legal capacity. Without this, you may need a court-appointed guardianship ($5,000-$15,000+).

Designates someone to make medical decisions when the person can no longer communicate their wishes. Different from a living will. Must be completed while the person has capacity to designate an agent.

Allows healthcare providers to share medical information with you. Without this, doctors cannot legally discuss the patient's condition with you, even if you are the primary caregiver. Most provider offices have standard forms.

Documents the person's wishes for end-of-life care: CPR, ventilators, feeding tubes, comfort care. Best completed early in the disease when the person can participate meaningfully.

Review and update the person's will and any trust documents. Ensure beneficiary designations are current. If no will exists, creating one now avoids intestate complications. Trusts may be appropriate for Medicaid planning.

Review beneficiary designations on retirement accounts, life insurance, and financial accounts. These designations override wills. Outdated designations are one of the most common estate planning errors.

A standard advance directive may not cover dementia-specific scenarios. Dementia directives address questions like: should treatment be provided for other conditions? At what stage should comfort-only care begin?

If the person has long-term care insurance, file the claim now. Many policies have elimination periods (90-180 days). Benefits are often triggered by needing help with 2+ Activities of Daily Living. Do not wait to file.

A formal agreement documenting caregiving duties and any compensation. Critical for Medicaid planning, as it establishes that payments to family caregivers are compensation, not gifts. Must be at fair market value.

Medicaid has a 5-year look-back period for asset transfers. Early planning maximizes options. An elder law attorney can advise on spend-down strategies, exempt assets, spousal protections, and trust structures.

Review how property is titled (joint tenancy, tenants in common, community property). Title affects what happens to property at death, Medicaid eligibility, and whether the home is protected from estate recovery.

If the person should no longer drive, address vehicle title transfer and insurance updates. Liability for accidents involving a cognitively impaired driver can extend to family members who knew and did not act.

Secure passwords, email accounts, online banking, and social media. Document account access information. Set up legacy contacts where available. Prevent financial exploitation through unsecured digital accounts.