Q: My father has dementia and my mother takes care of him. What do we legally need to consider, before something happens?
A: What do you mean? Its too late for your father to make a will or power of attorney for finances/healthcare or an advance directive/living will unless your father's dementia is not all that advanced. Even then, your father would need to consult with and elder law attorney about that. If your father's dementia is too far advanced and if no power of attorney has been done, then maybe your mother should consider getting guardianship over your father.
Depending on how advanced the dementia is, hopefully things have been transferred out of your father's name (land, cars and bank accounts or other investment accounts). Your mother may want to set up a special needs trust to care for your father financially if something happens to your mother and your father has to go into a nursing home. Again, your mother would need to speak with an elder care or estate planning attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.