Practical Legal Solutions For People And Businesses In Southeast Texas

A dementia planning checklist to help avoid a crisis

On Behalf of | Apr 12, 2026 | Elder Law

Some people may already know that they are at increased risk of dementia long before their health declines. Perhaps Alzheimer’s disease runs in their family, or maybe environmental exposure to certain toxins in a manufacturing setting has increased their risk of developing dementia as they age.

Even when there is no clear indication that an aging individual has above-average risk for dementia, planning for the possibility of dementia onset in advance is a smart decision. The checklist below can help people ensure that they have the support they need if their cognitive function declines as they age.

Act before the loss of capacity

Individuals with serious medical conditions, including various forms of dementia, lack the testamentary capacity necessary to create a will or sign a contract. Once the person can no longer recall the names of their family members, list their assets or understand the impact documents could have on their life, they can no longer sign documents for their own protection. Planning before cognitive decline occurs or in its earliest stages is therefore critical for those concerned about dementia.

Address medical concerns

There are several critical documents to execute to help ensure that an incapacitated individual receives appropriate medical care. A Directive to Physicians and Family or Surrogates, also called a living will, can outline their preferences regarding end-of-life care and life-sustaining treatment, such as artificial respiration.

A Health Insurance Portability and Accountability Act (HIPAA) form can help ensure that specific people have access to medical information. Medical powers of attorney can designate a trusted agent.

Address practical needs

An individual developing dementia typically cannot manage their own affairs effectively. They may need to draft durable powers of attorney designating someone they trust to pay their bills and manage their assets. Facility planning for a person with dementia is a process that can begin long before a diagnosis.

Incapacity planning may also require conversations with family members about the support an adult may need as their condition deteriorates. Creating a care contract can ensure that those handling the daily support needs of an older adult receive compensation for their services.

Working with an elder law attorney can help older adults create thorough plans that help ensure their medical protection and the preservation of their assets after a dementia diagnosis. Individuals who plan before experiencing cognitive decline can take pressure off their family members and have a say in their future.

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