At Duncan Legal, PC, we understand the life-changing impact of an Alzheimer’s diagnosis. Whether you are facing the diagnosis yourself or caring for a loved one, the emotional and practical challenges can feel overwhelming. Among the most important steps you can take is creating or updating an estate plan.
Estate planning in this context isn’t just advisable — it’s essential to safeguard independence, assets, and dignity.
Why Timing Matters
If you or someone you love has been diagnosed with Alzheimer’s and you haven’t yet created essential estate planning documents — such as a will, durable powers of attorney, or advance directives — the best time to act is now.
Legal capacity is the ability to understand what you’re signing, recognize the consequences, and communicate your wishes clearly. Most people in the early stages of Alzheimer’s still have this capacity. But Alzheimer’s is progressive, and capacity can diminish unpredictably — sometimes gradually, other times more suddenly. Waiting too long risks losing the ability to make legally binding decisions.
Key Legal Tools for Alzheimer’s Planning
A strong estate plan for those facing Alzheimer’s should include:
- Durable Power of Attorney for Finances
Empowers trusted agents to handle financial matters when it’s no longer safe to manage them independently. - Health Care Power of Attorney (Health Care Proxy)
Names someone to make medical decisions aligned with your values when you cannot speak for yourself. - Living Will
Outlines your preferences for life-sustaining treatment, feeding interventions, resuscitation, and comfort care. - Dementia-Specific Advance Directive
Where possible, provides detailed guidance across the different stages of Alzheimer’s, ensuring your wishes are respected as your condition changes. - Last Will and Testament and/or Revocable Trust
Directs how your assets will be managed and distributed while appointing executors or trustees to carry out your plan.
What Happens Without a Plan
Without these documents, or if intentions are unclear, families may be forced to pursue guardianship or conservatorship. This involves a court appointing someone to make decisions on your behalf. While sometimes necessary, it often comes with higher costs, stricter oversight, and a significant loss of personal control.
How Duncan Legal, PC Can Help
Our team helps families prepare with confidence by:
- Protecting assets from long-term care costs.
- Drafting or updating advance directives that reflect your wishes.
- Helping you select trusted agents to make financial and medical decisions.
- Considering guardianship only when it’s truly required.
- Ensuring your plan complies with Colorado legal requirements.
The Real Goal: Protecting Dignity and Peace of Mind
An Alzheimer’s diagnosis can bring uncertainty, but the right estate plan offers stability and reassurance. At Duncan Legal, PC, our mission is to guide you through this process with clarity and compassion — protecting your choices, your dignity, and your peace of mind.
Call Us: (720) 506-2536
Learn More: www.duncanlegal.com
