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Memory Digest

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:

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:

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:

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:

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

See also Financial Planning and Paying for Care, Medicare, Medicaid and Dementia Care and Caregiving Guide: Where to Start.

Sources

  1. Alzheimer's Association: Legal Documents
  2. Alzheimers.gov (National Institute on Aging): Planning After a Dementia Diagnosis
  3. 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.

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