Last month, we explored some of the most common myths about Medicaid and long-term care. As promised, we are continuing the conversation by answering additional questions we have heard from families navigating these decisions.
My loved one has dementia. Can they still sign legal documents?
It depends. A diagnosis of dementia or Alzheimer’s does not automatically mean someone lacks the capacity to sign documents. You should certainly hurry to get documents into place before capacity is lost. But capacity is decision-specific, and many individuals can still participate in legal planning with appropriate evaluation and guidance.
What is the difference between capacity and competency?
These terms are often used interchangeably, but they are not the same. Capacity refers to a person’s ability to make decisions, while competency is a legal determination made by the court. This distinction is especially important when families are trying to determine whether a loved one can sign documents or whether guardianship is necessary.
Do I need to pursue guardianship of my loved one?
Not necessarily. Guardianship is often a last resort. With proactive planning and the right legal documents in place, many families can avoid court involvement altogether. A lot will depend on the agreeableness of the person who is losing capacity.
Is working with an Elder Law Attorney really needed?
While it is not required, it is highly recommended. Elder law is not one-size-fits-all. It requires experience, knowledge of state-specific rules, and a personalized, caring approach to each family’s goals. Most importantly, this could save you tens of thousands of dollars.
Burzynski Elder Law has a Florida Bar Board-Certified Elder Law attorney, a VA-accredited attorney, benefits coordinators, and experienced elder-care coordinators on staff to help your family develop and implement a plan. Expertise counts.
Planning With the Right Information
At Burzynski Elder Law, we are passionate about helping families feel informed, prepared, and supported. When you have the right information and the right team guiding you, you can move forward with confidence and peace of mind.
Medicaid and long-term care planning are deeply personal. Families may be dealing with a dementia diagnosis, questions about legal documents, concerns about care costs, or uncertainty about whether guardianship may be needed. A thoughtful life care planning approach can help families understand their options and build a plan that supports both the aging loved one and the family members caring for them.
If your family has questions about Medicaid planning, long-term care, estate planning, or care advocacy, Burzynski Elder Law is here to help.
Talk With Burzynski Elder Law
If you have questions about your own situation or a loved one’s care, we are here to help.
Call us today for your complimentary phone consultation with an intake specialist at 239-434-8557.