Shelby, NC asked in Elder Law for North Carolina

Q: My father has dementia and my mother takes care of him. What do we legally need to consider, before something happens?

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
  • Estate Planning Lawyer
  • Cary, NC
  • Licensed in North Carolina

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.

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