Estate Planning for Alzheimer’s or Dementia Care Planning

Schedule a Consultation

If you have a loved one showing signs of Alzheimer’s or dementia, it is normal to feel stuck. Should you wait for a firm diagnosis, or start planning now? In most families, the best time to plan is earlier, while your loved one can still take part in choices. At Slowik Estate Planning in Atlanta, we help families put the right documents and care plan in place, before a crisis forces rushed decisions.

Why act early? Because dementia can affect legal capacity. Legal capacity is a person’s ability to understand what they are signing and why. If your parent can still follow the “big picture,” this may be the window to sign a power of attorney, an advance directive, and a trust. Those tools can keep your family out of court later.

Care planning also matters. Who will speak with doctors? Who will pay bills? Who can manage a home sale if care costs rise? Many families learn the hard way that “I’m the spouse” or “I’m the child” does not automatically give legal authority.

If you are looking for an estate planning lawyer in Atlanta who understands dementia planning, you are in the right place. A good plan can reduce family conflict, protect savings, and support safer care as needs change.

Start With Capacity and a Plan for Decision-Making

Dementia planning starts with one question, “Who can legally act when mom or dad cannot?” In Georgia, the right documents can often prevent a later guardianship or conservatorship case in probate court.

A Financial Power of Attorney lets your loved one name an agent to handle money tasks. That can include paying bills, dealing with banks, managing retirement income, and signing for real estate. Georgia’s Uniform Power of Attorney Act is found in O.C.G.A. § 10-6B-1 and the sections that follow. The wording matters. Banks look for proper signing, notices, and clear powers.

A Georgia Advance Directive for Health Care covers medical choices. It combines two parts in one form, a health care agent appointment and end-of-life wishes. The law sits in O.C.G.A. § 31-32-1 and the sections that follow. With dementia, this is often just as important as the money plan. It allows a chosen person to speak with doctors and make care decisions when the patient cannot.

Also consider HIPAA releases and practical access steps. Can your agent talk to providers, access portals, and get records? Can they manage insurance claims? These “small” items can cause big delays when time matters.

Use a Revocable Living Trust to Manage Money and Reduce Court Involvement

A revocable living trust is often the center of a dementia plan, because it is built for incapacity. While a will only works after death, a trust can work during life. The person creating the trust, the “grantor,” can serve as trustee while they are well. Then, if memory loss worsens, a named successor trustee can step in.

This helps in real life situations. For example, your mom may no longer be able to track bills, manage investments, or handle a home repair contract. A successor trustee can pay expenses, hire help, and keep accounts organized. That can protect the household and reduce financial mistakes.

A trust also helps avoid probate for assets titled in the trust. That can mean less delay and less public court filing after death. But the trust must be funded. Funding means moving assets into the trust name, like a house deed, a non-retirement bank account, or a brokerage account. If you sign a trust and do not fund it, you may not get the benefits you expected.

Your plan should also match your power of attorney. Sometimes the agent must help finish trust funding later. That is why the documents should be drafted as a set, not as random forms.

If you already have a trust, we can review it and help with Trust administration steps when the time comes.

Protect the Home and Pay for Long-Term Care

Many Atlanta families worry about nursing home costs and the family home. It is a fair fear. Long-term care can drain savings fast, and dementia care often lasts years. Planning does not guarantee you will “save everything,” but it can give you options and reduce surprises.

Start by separating myths from facts. Medicare does not pay for long-term custodial care in a nursing home. It may pay for short rehab stays that meet strict rules. Most long-term nursing home care is private pay or Medicaid.

Medicaid has rules about income and assets, and it can also involve a five-year lookback on gifts. Georgia also has Medicaid estate recovery in some cases, which can create claims after death. Your plan should look at the full picture, including the well spouse who still lives at home. Federal and state rules can protect certain resources for the “community spouse,” but the timing and structure matter.

This is also where family agreements matter. If a child is providing care at home, you may need a written caregiver agreement, and proper payment and tax reporting, rather than informal transfers that can cause Medicaid penalties later.

If your loved one is declining and care decisions are urgent, speak with an elder law attorney to map out next steps, before you sign facility contracts or move assets.

Update the Will, Beneficiaries, and Tax Plan

Even with a trust-based plan, you still need to review the rest of the “asset map.” Dementia planning often fails when beneficiary forms are outdated or when accounts pass outside the plan.

Start with your will. In Georgia, a will controls probate assets that do not have a beneficiary. It also names an executor and can include a trust for minors or a loved one who needs help managing money. If Alzheimer’s runs in the family, building in guardrails can be wise, even before symptoms appear.

Next, review beneficiary designations on retirement accounts, life insurance, and annuities. These forms usually control who inherits, even if your will says something else. The same is true for “payable on death” bank accounts and “transfer on death” investment accounts. If the wrong person is listed, or if a beneficiary has died, your plan can break.

Tax planning is also part of the discussion. Georgia does not have a state estate tax right now, but federal estate tax can apply to larger estates. Also, income tax issues can affect families of all sizes, such as capital gains when property is sold. With dementia, timing matters, because later decisions may require court approval if capacity is lost.

If you need planning for larger estates, business interests, or tax-heavy assets, an estate tax attorney can help set a plan that fits your goals and your family.

FAQS About Estate Planning for Alzheimer’s or Dementia Care Planning in Atlanta

When should we start estate planning after a dementia diagnosis?
As soon as possible, while your loved one can still understand choices and sign documents. Early planning often avoids court later and gives the family clear legal authority.

Does my spouse or adult child automatically have the right to make decisions for me?
No. In Georgia, being a spouse or child does not automatically grant legal power over finances. Medical authority can also be limited without the proper advance directive or other consent tools.

What happens if we do nothing and capacity gets worse?
Families often end up filing for guardianship or conservatorship in probate court. That process takes time, costs money, and involves ongoing court reporting.

Can we protect the house if Alzheimer’s care becomes expensive?
Sometimes, but it depends on timing, ownership, income, and Medicaid rules. A planning meeting can show which options fit your family, without risking Medicaid penalties later.

Other Resources About Health, Aging & Long-Term Care

Services

All Services

Testimonials

Jake is a person who really cares about his work. Can't recommend him enough and definitely telling my friends and family about his services.