What is Incapacity and Why do You Need to Plan For It

Dementia: How to Prepare Your FamilyAs the average age of our population rises, so does the risk of dementia. For your family members, your planning manifests your love for them, providing peace of mind and the tools needed to ensure care is provided as planned.When a family member begins showing signs of dementia, taking proactive legal and financial steps can help ensure their well-being and protect their interests. Here are some initial moves to consider:Legal Moves Consult an Elder Law Attorney: Seek a professional specializing in elder law to guide the family through legal options. They can help assess the situation and recommend appropriate actions based on the individual's current mental capacity. Establish Power of Attorney (POA): If the family member is still mentally competent, arrange for a durable power of attorney for healthcare and finances. This designates someone to make decisions on their behalf when they can no longer do so. Timing is criticalonce capacity is lost, this option may no longer be viable. Update or Create a Will: Ensure the family members will reflects their current wishes. If they dont have one, encourage them to create one while they can still express their intentions clearly. Consider a Living Trust: A revocable living trust can help manage assets during their lifetime and avoid probate after their passing. This requires the individual to have sufficient mental capacity to set it up. Review Advance Healthcare Directives: Help them document their healthcare preferences, such as a living will or healthcare proxy, to outline their wishes for medical treatment if they become incapacitated. Financial Moves Assess Financial Situation: Gather information about their assets, debts, income sources (e.g., pensions, Social Security), and expenses. This provides a clear picture for planning. Simplify Finances: Consolidate accounts (e.g., bank accounts, investments) to make management easier. Set up automatic bill payments to prevent missed obligations. Monitor for Exploitation: Watch for signs of financial abuse, as dementia can make individuals vulnerable to scams. Consider adding a trusted family member to accounts for oversight (with permission if theyre still competent). Plan for Long-Term Care Costs: Research costs of in-home care, assisted living, or nursing homes, and explore funding options like long-term care insurance, Medicaid eligibility, or veterans benefits if applicable. Secure Important Documents: Locate and organize key documentsbank statements, insurance policies, property deeds, and tax recordsso theyre accessible when needed. Additional Tips Act Early: Dementia is progressive, and legal and financial options diminish as cognitive decline advances. Early action preserves autonomy and reduces future stress. Involve the Family Member: If theyre still capable, include them in discussions to respect their preferences and maintain dignity. Seek Professional Help: A financial advisor or geriatric care manager can complement legal efforts, especially for complex estates or care planning. At Ashley Day Law we will work with you to determine your priorities and what future needs must be met and put together the best course of action based on your income and assets to protect your quality of life and reduce unnecessary stress within the family. We believe these steps will provide a good start to protect your family members interests and ensure their care aligns with their wishes as their condition evolves. For any questions or to discuss your situation, feel free to reach out to Ashley Day Law at 251-277-3377.

Seniors and Caregivers: Establish an Emergency Action PlanFor seniors and their caregivers, having a plan in place should an emergency strike can provide some peace of mind in a turbulent world. A crisis, such as illness, trauma, natural disaster, or any other unexpected adverse event, may one day require you to act quickly and decisively.Thinking and adapting can be particularly difficult when you are facing a high-stress situation. This is why disaster experts emphasize the importance of planning and practicing for various types of emergencies.For example, you might decide to run a fire drill in your own home. If your loved one lives in a residential facility, you want to ensure that the facility has suitable procedures in place. In an emergency, their staff members need to be able to provide adequate care for your loved one.If you do not have a disaster plan, its time to start creating one. If you have one, update it yearly and anytime there is a major change in your or your loved ones health care needs.Sharing Information on CaregivingHopefully, you would be able to continue to care for your loved one during and after a crisis. You should still ensure that other trusted individuals know how to care for your loved one, in case you are not with them. The more these helpers know about how to tend to your loved ones needs in emergency situations, the better.Start with writing a document to share with alternate caregivers. Involve the person who needs care as much as possible in this process. That way, you are making your loved one aware and allowing them to contribute. At the same time, it is also a great way to prompt conversations about what they might like to change in their current situation.The document should list your loved ones current needs, impairments, medications, and allergies. Describe what a typical day looks like for them, what provides comfort, and what foods they enjoy or avoid. Include crucial identifying information such as a current photo, date of birth, and Social Security number.A short biography informing providers of your loved ones interests, personality, and background can go a long way, especially if you are often their advocate or need to speak for them. Share this information with other family members, a family lawyer, their care facility, and anyone else who might help during a crisis.If you do not live with or near the person for whom you are creating the plan, think about who can help care for them until family arrives. Check which organizations or neighbors may supply necessities and check in on your loved one daily.In the Event of an EmergencyBe sure to keep any relevant medical information as well as your trusted contacts in an accessible place. Emergency responders, for example, you may look for your In Case of Emergency (ICE) contacts in your smartphone. Medical ID bracelets are essential for first responders as well.In addition, the Centers for Disease Control and Prevention (CDC) offers a Care Plan that you or your caregiver can print and fill out. In it, you can include detailed information on your medical care and emergency contacts. The CDC suggests storing the completed form in a waterproof bag with your insurance cards and photo ID.Consider creating a safety profile with Smart911 if it is available in your area. This free service will provide 911 dispatchers with details about your health needs or disability. In an emergency, this information could aid them in locating or assisting you. You can create profile for loved ones as well.Compile a disaster supplies kit; this may include your medications and any necessary medical supplies for your specific condition. Other items, like N95 masks, matches, and towels can prove useful in an emergency. Visit Ready.gov and the American Red Cross website for lists of recommended items and guides on preparedness.Planning for EvacuationThink ahead about how you would evacuate quickly and safely. Consider where you would go, how you would get there, and what you would need to bring.Does your chosen relocation site have adequate food, water, toiletries, and medication available? In times of emergency, keep in mind that you can check with the pharmacy before leaving, as many will provide early refills. Some major retailers also offer prescription delivery.Your plans should address specific seasons. For example, it may make sense to have summer plans that differ from winter ones, depending on where you live.Often, you or the senior needing care has medical needs requiring equipment, medicine, and attention. If they are not mobile, think about how you would relocate them in an emergency. Consider organizing some medical supplies in a bag or box to grab for a quick exit.Emergency relocation requires addressing the need to move all assistive medical devices and durable medical equipment. Remember batteries and chargers for all necessary devices.Try to avoid the need to evacuate quickly. A proactive early departure will help you stay calm and think more clearly. It may also help prevent potential difficulties like gas shortages and traffic jams.A Crisis Plan for Senior Citizens in a Residential FacilityYour plan for a senior living in a facility will look different than it would for one living in their home. Below are some recommendations to ensure aging loved ones in a facility will stay safe in a disaster:Review the facilitys backup generator, evacuation routes, and other basic precautions.Make sure the facility has your primary and alternative contact information.Request updates from health administration staff regarding changes in your loved ones emotional or physical state.Ask for medical records that document all care they are managing.Communicate frequently with your loved one in any way possible to ensure they are as safe as possible.Take detailed notes because it is easy to overlook or forget important details during times of high stress.Share as much information as possible with your loved one to reassure them that their health and safety are a priority.Start Small and SoonIt may feel overwhelming to consider all the steps involved in crisis planning and put it off until another day. Unfortunately, you never know when disaster might occur, so theres no time to lose.To start, jot down the most critical information and share it with your loved ones. You can always update your plan with more details later. These steps can provide organization, protection, and comfort in times of great uncertainty.This article shared by Ashley Day Special Needs & Elder Law.  Ashley Day can be contacted at 251-277-3377

Many Colorado Seniors and Disabled Adults are concerned about the recent funding discussions about Federal, not State, Medicaid changes, and how they might impact Long-term Care Medicaid benefits here in Colorado. There are 40+ different Medicaid programs in the State of Colorado alone, which are funded differently. Some of these Medicaid programs will be impacted by Trumps changes.At this time, it is important to know that the Medicaid changes imposed do not affect Long-term Care Medicaid in Colorado. If you are currently receiving Long-term Care Medicaid benefits or considering applying, you can rest assured that your eligibility, services, and coverage remain intact. Long-term Care Medicaid has already been funded for 2025, therefore nothing will change this year. In addition, there have not been any major changes to Colorado Long-term Care Medicaid in 20 years, and we dont foresee any changes now. In the meantime, if you have any questions about your coverage or need assistance navigating the Long-term Care Medicaid process, please dont hesitate to reach out to Beneficent. www.DoingGoodForOthers.com/contactus