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Legal and Financial Information

Typically, there are many concerns surrounding the legal and financial issues of the person with dementia. While it might not appear to be the most pressing matter, it is important to talk with family members and make legal and financial arrangements. Families often require assistance in making the many decisions required to ensure proper care and quality of life for the patient with dementia.

Oftentimes there are decisions to be made about health care, finances, property management, living arrangements, etc. Consulting with a lawyer who has specialized in elder care issues can be very helpful in sorting out all of the potential complications that may result from these types of decisions. There are generally many questions regarding Power of Attorney.

What is a Power of Attorney?

“Power of Attorney” refers to the legal delegation of decision-making authority to an agent. A power of attorney is strongly recommended for two specific domains, property and health.

The Illinois Department on Aging defines power of attorney as:

Power of Attorney for Property: The Power of Attorney for Property document allows a person, called the principle, to delegate to another person, called the agent (a trusted friend or family member), the power to make decisions regarding assets, finances, bank accounts, and other types of property. The agent, who does not need to be an attorney, will speak for the principal and make decisions according to the principal's wishes even when the principal is physically or mentally incapacitated.

Power of Attorney for Health Care: A Power of Attorney for Health Care document allows a person, called the principal, to delegate to another person called the agent (a trusted friend or family member), the power to make decisions regarding health care decisions the principal is unable to make. The document may be used instead of or with a Living Will. The agent, who does not need to be an attorney, will speak for the principal and make decisions according to the principal's wishes even when the principal is physically or mentally incapacitated.

For further information regarding Power of Attorney, the Illinois Department on Aging provides complimentary copies of informational packets on Power of Attorney for Property, Power of Attorney for Health Care, and Living Will. They can be reached by phone at 1-800-252-8966 or by visiting their web site at www.state.il.us/aging.

For further information on power of attorney in your state contact Eldercare locator www.eldercare.gov or (National Academy of Elder Law Attorneys) www.naela.org.

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