Legal Planning
The key legal documents to put in place after a dementia diagnosis—powers of attorney, living will, will, trust and POLST—why timing matters, and how to find affordable legal help.
Last reviewed: October 2026
This page is general information, not legal advice. Laws vary from state to state. Talk with an elder-law attorney about your own situation.
After a dementia diagnosis, legal paperwork may be the last thing anyone wants to think about. But it is one of the most loving and practical steps a family can take. Legal documents, the Alzheimer's Association explains, help make sure the person's wishes are followed as the disease progresses, and make it possible for trusted people to make decisions on their behalf when they no longer can.
The Alzheimer's Association also points out what can go wrong without them: uncertainty about who is allowed to make decisions, or someone making a decision the person would not have wanted.
Why timing matters
To sign legal documents, a person must have legal capacity—enough understanding to know what they are signing. Dementia gradually takes that ability away. The National Institute on Aging (NIA) stresses that financial directives must be created while the person still has legal capacity, and that planning as early as possible lets the person make and share their own decisions.
In practice, this means: start soon after diagnosis, while the person can take part fully. Many people in the early stage are very capable of making these choices, and being involved helps preserve their dignity and independence.
The key documents
Durable power of attorney for finances
This document lets the person (called the principal) name a trusted person (the agent or attorney-in-fact) to handle money and property when they can no longer do so. According to the Alzheimer's Association:
- It should be "durable," meaning it stays valid after the person loses capacity. A non-durable power of attorney may stop working exactly when it's needed.
- Name a successor agent in case the first choice can't serve.
- The person keeps the right to make their own decisions as long as they have legal capacity. The agent doesn't override them before then.
- The agent must act according to the person's wishes and in their best interest.
See Financial Planning and Paying for Care for the money side of planning.
Durable power of attorney for health care
Also called a health care proxy or advance directive, this names someone to make medical decisions if the person can't. The Alzheimer's Association notes these can include choosing doctors, treatments and care settings—and, in late-stage dementia, end-of-life decisions such as feeding tubes or do-not-resuscitate instructions. The NIA advises choosing someone who knows the person's values and wishes.
Living will
A living will tells doctors how the person wants to be treated if they can't speak for themselves—for example, their wishes about life support. The NIA notes it can say which treatments the person would want or avoid, and under which conditions. Some states require a particular form.
Will
A standard will names an executor to manage the estate and the beneficiaries who will receive it. It takes effect only at death and cannot be used to communicate health care wishes. The NIA notes that without a will, an estate is distributed according to state law. The Alzheimer's Association advises having a signed will in place as soon as possible after diagnosis.
Living trust
A living trust names a trustee to hold and manage property for the person, and a successor trustee to take over if needed. Depending on state law, it may let an estate avoid probate, though the Alzheimer's Association notes there may be tax implications. An elder-law attorney or financial advisor can explain whether it makes sense.
Medical orders (DNR, DNI, POLST)
As the illness advances, some people choose medical orders that travel with them:
- A do-not-resuscitate (DNR) order tells health care workers not to perform CPR if the heart or breathing stops.
- A do-not-intubate (DNI) order says the person does not want to be put on a breathing machine.
- A POLST (sometimes called MOLST) is a medical order, filled out with a health care provider, that spells out wishes for life-sustaining treatment in an emergency. Forms vary by state.
Learn more in Hospice and End-of-Life Care.
Guardianship: when planning didn't happen
If no powers of attorney are in place and the person can no longer make decisions, a family may need to ask a court to appoint a guardian or conservator. The Alzheimer's Association explains that guardianship takes time, involves an attorney and court testimony, and places the guardian under court supervision. Having powers of attorney in place early can often avoid this process.
Practical tips
From the NIA and the Alzheimer's Association:
- Talk early and openly as a family about wishes, so decisions later cause less conflict.
- Keep papers in one place—a file, drawer or fireproof box—and tell a trusted person where they are.
- Share copies with the agent(s), the caregiver, the attorney and health care providers. Put copies of health care directives in medical files.
- Give advance permission for doctors, the lawyer, banks and insurers to talk with the caregiver. The NIA notes that this is different from naming a health care proxy, and you may need to sign a form.
- Review documents at least once a year and after major life changes, such as a move, divorce or big change in health.
- Unmarried couples take note: the Alzheimer's Association warns that partners who aren't in a legally recognized relationship may be unable to get health information or make decisions for each other without these documents.
Be alert to anyone pressuring the person to sign or change legal papers. See Protecting Against Scams.
Finding affordable legal help
You don't have to be wealthy to plan. Resources suggested by the NIA and the Alzheimer's Association:
- National Academy of Elder Law Attorneys (NAELA) online directory, to find an elder-law attorney
- Your family attorney, who may refer you to an elder-law specialist
- Area Agency on Aging offices, some of which offer legal help, and the Eldercare Locator (800-677-1116)
- LawHelp.org for free or low-cost legal aid
- State legal aid offices and state bar associations
- Free sample health planning documents from the National Hospice and Palliative Care Organization
The NIA also notes that discussing advance care planning with a doctor is free through Medicare during the annual wellness visit.
Where to get help
- An elder-law attorney can tell you which documents you need and how your state's laws apply.
- Alzheimer's Association 24/7 Helpline: 800-272-3900
- NIA ADEAR Center: 800-438-4380
See also Financial Planning and Paying for Care, Medicare, Medicaid and Dementia Care and Caregiving Guide: Where to Start.
Sources
- Alzheimer's Association: Legal Documents
- Alzheimers.gov (National Institute on Aging): Planning After a Dementia Diagnosis
- National Institute on Aging: Getting Your Affairs in Order Checklist: Documents to Prepare for the Future
Not medical advice. This article is general information, not a diagnosis or treatment plan for any individual. Talk with a doctor about your situation.
Related articles
- Financial Planning and Paying for Care
- Medicare, Medicaid and Dementia Care
- Hospice and End-of-Life Care
- After a Diagnosis: First Steps
- Caregiving Guide: Where to Start
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