June is Alzheimer’s and Brain Awareness Month, a time to recognize and focus on the mental health of elderly family members. In the spirit of our estate litigation practice, our own Justin M. Kincheloe recently posted Dementia Does Not Have to Derail Estate Plans with insights into avoiding conflicts that can result when a testator’s mental capacity comes into question. This insidious group of diseases can exact an emotional toll on individuals and families, but that does not mean estate plans have to suffer as well.
Here we recommend families educate themselves about these diseases, discuss mitigation measures, and make sure caregivers are given the support they need as well.
Recognize the Early Signs
Families will serve their parents well if they can recognize the early signs of dementia, which may include well-known issues of memory loss, confusion, and difficulty with familiar tasks, but an individual’s personality may change as well. Early diagnosis and documentation are crucial for effective estate planning. Read Signs and Symptoms of Alzheimer’s Disease from the Centers for Disease Control.
Have the Talk
Addressing dementia with loved ones requires empathy and clarity. It is important to involve a trusted advisor or attorney and to begin planning discussions early, before the individual’s capacity is in question. Open and honest communication can help ensure that the individual’s wishes are respected and that their loved ones are prepared for the future. Even if dementia is not a factor, having a talk with parents about their estate can be delicate. Read our previous post, 11 Tips for Having the Estate Talk with Your Parents.
Take Care of Caregivers
The toll dementia takes on families who are caring for parents or other family members living with the condition is considerable and often overlooked. It can be an emotionally and physically draining undertaking. There are many resources and articles about this. The Alzheimer’s Association, for example, wrote 10 Ways to Support a Family Living with Alzheimer’s, and the National Council on Aging wrote Alzheimer’s and Dementia Caregivers: Five Ways to Help Find Nourishment.
What About You?
Alzheimer’s disease can have a hereditary component, but most cases are not directly inherited. Certain genes, like APOE-e4, can increase your risk, while rare deterministic genes almost guarantee early-onset Alzheimer’s, though these are very uncommon. Having a family history—especially a parent or sibling with the disease—raises your risk, but lifestyle factors such as exercise, diet, and mental engagement also play a significant role in prevention. Genetic testing is available but typically recommended only for those with strong family histories or early symptoms, ideally with guidance from a genetic counselor. You can find more useful information from the National Institute on Aging and the Alzheimer’s Association.
If you have questions about the role dementia can play in the planning and execution of estate plans, write to The Estate Lawyers using the simple query form below.