Diagnosis Dementia

Most patients and their families are not entirely surprised when a diagnosis of dementia is made by a physician. The patient and the family have often been noticing subtle changes for some time. However, when those suspicions are confirmed, all decision makers must carefully assess their situation and ensure that appropriate planning is in place to secure quality care without creating a financial crisis.

When dementia is diagnosed early in the disease process, the patient can still take part in important planning decisions. This window of time is critical for putting the right legal, financial, and care strategies in place.

Care at Home vs. Professional Support

Most people prefer to receive care in their own homes. In many cases, family members begin as caregivers. As care needs increase, however, families can quickly become overwhelmed and may need to bring in outside help.

Families often choose between home health agencies and nurse registries:

• Home Health Agencies: The agency employs the caregivers, and the contract is between the agency and the client.
• Nurse Registries: The registry connects you with an independent caregiver, but the contract is directly between you and that individual.

Understanding who is responsible in cases of theft, negligence, or injury is critical. Families should also evaluate how much supervision the provider offers. If little or no oversight is provided, families must be prepared to monitor care closely—especially when a loved one has dementia.

Some families attempt to hire caregivers independently. While this may seem like a cost-saving option, it introduces legal and financial responsibilities, including payroll obligations and tax compliance. Failing to properly report payments can create significant liability.

The True Cost of Long-Term Care

Many families are surprised to learn that when 24-hour care is needed, in-home care is often the most expensive option. Costs can exceed $120,000 per year for around-the-clock support.

Because of this, it is essential to evaluate all available funding sources, including:

• Long-term care insurance policies
• Veterans benefits (for eligible veterans and spouses)
• Personal income and assets
• Government programs such as Medicaid

Each option has specific eligibility requirements and limitations, making early analysis extremely important.

Legal Planning After a Diagnosis

An early diagnosis gives families the opportunity to review and update estate planning documents. If care can be covered through income alone, traditional planning such as revocable living trusts may be sufficient.

However, if paying for care would financially strain or impoverish a spouse, documents must be structured to allow flexibility for planning strategies that may include Medicaid or Veterans benefits.

Unfortunately, many families wait until the individual with dementia is no longer capable of making legal decisions. At that point, existing documents cannot be changed. If those documents do not allow for proper planning, options may be limited.

Planning early with services such as Life Care Planning and Estate Planning can help protect assets while ensuring access to quality care.

Take Action Early

A dementia diagnosis is overwhelming, but it also provides an opportunity to take control of the future. With the right planning, families can avoid unnecessary stress, reduce financial risk, and ensure their loved one receives appropriate care.

If you or a loved one has received a diagnosis, consult an experienced elder law attorney as soon as possible. The team at Burzynski Elder Law is here to help you navigate the changes ahead and build a plan that works for your family.

Call (239) 434-8557 today with any questions or to schedule an appointment.

This article is for general informational purposes only and does not constitute legal advice.