Mom Was Just Diagnosed with Mild Cognitive Impairment: Now What Should I Do?
Learning that a loved one has been diagnosed with “mild cognitive impairment” can be a scary moment for families, and the first instinct can be to try to immediately prevent the affected person from making further medical and financial decisions. While well-intentioned, this doesn’t necessarily follow Washington law.
In Washington state, legal capacity is presumed and an individual doesn’t lose his or her basic rights without a legal finding of incapacity, which may be very different than a doctor’s medical finding of cognitive impairment. Many factors can impact a person’s capacity, and for many people as they age, capacity is gradually lost over a very long period of time. Therefore, the very temporary inabilities often associated with dehydration, infection, a recent fall, etc. will not suffice to have an individual declared incapacitated. Rather, legal incapacity may be due to physical frailty, cognitive issues, or – more often – a combination of these.
Since cognitive decline is usually a process, the best thing families can do for a loved one who still has legal capacity is to encourage him or her to execute Durable Powers of Attorney as soon as possible. A Durable Power of Attorney for Finances or for Health Care allows a person, known as the Principal, to authorize an Agent, also known as an Attorney-in-Fact, to make decisions for the Principal. Each Power of Attorney document is a legal contract with varying clauses and terms tailored to the needs of the Principal. Such documents can become effective immediately or only upon a triggering event such as when two medical providers write statements of the individual’s inability to make decisions. Powers of Attorney are “durable” because they survive the Principal’s later incapacity.
Unfortunately, waiting too long after receiving a diagnosis of mild cognitive impairment usually doesn’t bring an optimal result. If you have a loved one who hasn’t yet executed Durable Powers of Attorney, now is the best time to consult with a compassionate attorney who can help guide your family as to how to prepare for possible future incapacity.
To learn more about Durable Power of Attorneys, please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.