The short answer is no. However, the longer answer depends on the person with the diagnosis and their ability to execute an estate plan. To determine if it is still possible to move forward, you must consider:
How far into the diagnosis are they?
Do they have lucid intervals of good days? * When they do, can that person determine who they want as power of attorney or beneficiaries? * Do they know the extent of their assets and to whom they want them distributed? * Do they know that they are creating an estate plan?
Navigating the Process
Working with the family medical professional and consulting with your estate planning and elder law attorney can help you and your family navigate the planning process even after a dementia diagnosis. Your attorney’s goal is to ensure that the individual truly understands the estate plan they are putting into place.
When Traditional Planning Isn’t an Option
If it is too late to create an estate plan outside of using guardianship, your estate and elder law attorney can help you navigate that process to ensure the individual is protected.