Showing posts with label estate plans. Show all posts
Showing posts with label estate plans. Show all posts

Friday, May 16, 2025

Why Estate Plans Need Dementia-Specific Advance Directives

Takeaways

  • Standard advance directives may not adequately address the gradual decline experienced by Alzheimer’s patients, necessitating dementia-specific directives.
  • Dementia-specific directives allow individuals to express their wishes for medical interventions at different stages of the disease, helping patients and caregivers in decision-making.


Advance directives are an estate planning must-have, helping to guide medical decisions for someone who becomes incapacitated and can no longer communicate their preferences. However, they may not be helpful for patients who develop dementia and gradually lose the ability to decide what medical care they want.

In addition to standard advance directives, such as a living will and a health care power of attorney, you might consider a dementia-specific directive for yourself or a loved one. With more than 7 million Americans living with Alzheimer’s, having a “dementia directive” as part of one’s estate plan can serve as a way to help improve their care at the different stages of disease progression.

Alzheimer’s Growing Burden

Alzheimer’s disease, the most common form of dementia, is a progressive neurodegenerative disorder that slowly unravels the mind and the self, leaving a patient in a state of severe cognitive decline that may be accompanied by behavior and personality changes.

According to the Alzheimer’s Association’s 2025 Facts and Figures report, over 7 million Americans aged 65 and older are currently living with Alzheimer’s, a number projected to nearly double to 13 million by 2050. About one in nine seniors in this age group are affected. Women face a higher lifetime risk (one in 5) than men (one in 10).

With all Baby Boomers reaching at least 75 by 2040, the incidence of Alzheimer’s is expected to surge, doubling annual diagnoses from 514,000 in 2020 to 1 million by 2060. The risk of developing dementia, including Alzheimer's, increases substantially after the age of 75.

Genetic and lifestyle factors, underlying health conditions (e.g., diabetes and high blood pressure), advancements in diagnostic tools, and greater public awareness have also led to earlier and more frequent Alzheimer’s diagnoses.

Considered a fatal condition, the disease itself doesn’t cause death, but the progressive decline in brain function leads to complications like dehydration, poor nutrition, and infection that can be life-threatening. Alzheimer’s-related deaths more than doubled between 2000 and 2022, making it the sixth-leading cause of death among people age 65 and up.

While there’s no cure to reverse or stop Alzheimer’s, treatments that that include medication can help manage symptoms and potentially slow its progression.

However, researchers say that understanding how it progresses is more complex than they previously thought, which is hampering the development of effective therapies and exacerbating the caregiving burden faced by family members of Alzheimer’s patients.

In the late stages of the disease, individuals with Alzheimer's typically require 24-hour care and assistance with activities of daily living — including basic personal hygiene, eating, and mobility — due to memory loss, confusion, and difficulties with language, problem solving, and physical coordination.

The physical toll of Alzheimer’s is reflected in the societal and economic impacts of the disease. In 2025, health and long-term care costs for Alzheimer’s and other dementias are projected to reach $384 billion, with Medicare and Medicaid covering 64 percent and out-of-pocket expenses totaling $97 billion.

Total lifetime care costs for a person living with Alzheimer’s or other dementias are estimated to be more than $400,000. Seventy percent of these costs are borne by family caregivers in the forms of unpaid caregiving and out-of-pocket expenses.

Unpaid caregivers — nearly 12 million Americans — provide over 19 billion hours of Alzheimer’s care annually, valued at $413 billion, often at the cost of their own health and financial stability.

And in many cases, caregivers are flying blind about the types of care that a loved one with Alzheimer’s would like to receive, because that individual never completed advance directives that express their health care decisions and treatment preferences if they become incapacitated.

The most systematic review of its kind, conducted by UPenn researchers, found that most Americans had not completed any advance directive. Fewer than 30 percent had a living will and just one-third had designated a medical power of attorney.

But even if someone has completed these documents, traditional advance directives may fall short when it comes to Alzheimer’s disease.

Advance Directives and Alzheimer's

People age 65 and older survive an average of four to eight years following an Alzheimer’s diagnosis, but some live as long as 20 years. This shows the slow, uncertain progression of the disease — and the need to have advance directives in place well before it reaches more advanced stages and incapacity sets in.

Advance directives outline the kinds of medical care a person would like to receive and name a surrogate decision-maker (i.e., a health care proxy) to act on their behalf if they become incapacitated and unable to state their medical preferences. However, they’re typically used in an emergency or for end-of-life care, situations that may not reflect the unique challenges and difficulties faced by Alzheimer’s patients.

Dr. Barak Gaster, who came up with a new type of advance directive specifically for people living with dementia, explains that, because the disease progresses slowly over many years, and the point at which a patient can no longer direct their own care isn’t obvious or predictable, standard advance directives don’t usually cover it.

“Advance directives typically address scenarios such as a terminal condition or a permanent coma, but they generally do not address the more common scenario of gradually progressive dementia,” he wrote in a JAMA article.

This shortcoming poses a problem for both patients and caregivers, Dr. Gaster says. Many patients view living with advance cognitive decline as “an unacceptable loss of meaning and dignity” and would not want life-extending medical interventions, while health proxies “often experience enormous anxiety trying to guess their loved one’s wishes.”

Working with experts in geriatrics, neurology, and palliative care, Dr. Gaster came up with a dementia-specific advance directive that carefully and clearly lays out the different stages of dementia and the potential effects on the patient. At each stage, the patient identifies in the document the types and levels of care they would be willing to accept.

“Patients stumble into the advanced stage of dementia before anyone identifies it and talks to them about what’s happening,” Dr. Gaster told the New York Times. “At what point, if ever, would they not want medical interventions to keep them alive longer? A lot of people have strong opinions about this, but it’s hard to figure out how to let them express them as the disease progresses.”

How a Dementia Directive Works

A standard advance directive specifies medical actions when a patient is too ill or incapacitated to express them. For example, it usually includes decisions about life-sustaining treatments like feeding tubes or artificial ventilation for patients who are dying or in a vegetative state.

While such scenarios might apply to an advanced Alzheimer’s patient, a patient’s goals and preferences could change over time as cognitive changes occur along the disease continuum.

During the early stages, they might still enjoy life, despite some memory problems or difficulties with daily tasks. It may only be toward the very end that they are bedridden, unresponsive, dependent, and would want a “do not resuscitate” directive.

An Alzheimer’s or dementia-specific directive allows patients to choose among several options for three different disease stages — mild, moderate, and severe. It gives brief descriptions of the stages and under each stage it provides options where someone can indicate which medical interventions they’d want at that stage.

The Dementia Directive website recommends that the directive be filled out before someone develops symptoms of Alzheimer’s or dementia. Once signs of cognitive impairment appear, it may be too difficult to complete the paperwork.

It notes that the document is not legally binding but intended more as a way “to record your wishes” and “help guide those who might need to make medical decisions on your behalf.”

Many people do not understand this about advance directives: They are legally recognized, but not legally binding. Health care providers and proxies do their best to respect advance directives, but they cannot cover every situation. Circumstances may arise in which a patient’s wishes are unclear or cannot be followed exactly.

This is why it’s so important to have conversations about Alzheimer’s with family members who might later be tasked with making medical decisions for you. They need to understand, as clearly as possible, what your wishes would be and what types of treatment you would want to receive.

The Dementia Directive is framed as a “communication tool” that can be used as a stand-alone document or included as a supplement that’s attached to an advance directive form. Like other advance directives and estate planning documents, it should be regularly reviewed to reflect current circumstances and your most up-to-date wishes. Share copies with your closest family members and your provider(s).

Download the form and bring it to your next meeting with an elder law attorney to discuss questions you have about aging, Alzheimer’s, and advance directives.

Additional Alzheimer’s and advance directive resources can be found at the Alzheimer’s Association and The Conversation Project. You can also find state-specific advance directives online.

Full Article & Source:
Why Estate Plans Need Dementia-Specific Advance Directives

Tuesday, April 7, 2020

Surge on wills: Fearing death by coronavirus, people ask lawyers to write their last wishes

Apr. 3--Lawyers are being bombarded with requests to write wills, update estate plans and prepare health surrogate or "pull the plug" documents as people are confronted by the realization that they could be diagnosed with COVID-19 and dead within days.

"Estate planning is a fairly morbid topic. Nobody wants to do it. But it's not an if proposition; it's a when proposition," said Joshua Rosenberg, partner at Kelley Kronenberg who specializes in estate planning, elder law and probate and guardianship litigation. "Because of coronavirus, people have come to the abrupt conclusion that they cannot procrastinate. You could be infected and very quickly find yourself in a life or death situation."

As the coronavirus crisis escalates, catastrophic projections of 100,000 to upwards of 240,000 deaths in the United States are forcing people to act on long-deferred intentions to get their affairs in order. No one is immune. Legal experts urge all mortals -- not just the elderly and not just the wealthy -- to put their end-of-life plans in writing.

"We are seeing a tidal wave, at least a doubling in the volume of calls and inquiries," said Miami lawyer Bruce Stone. "Clients who thought they could delay this item on their to-do list are now in panic mode and want it finalized immediately."

The last time estate planners experienced a surge was in 2012, when people worried that Congress would lower the threshold of the estate or "death" tax.

"Back then it was mainly rich people worried about money," Stone said. "This is worse. Now people are afraid they are going to die."

Top priorities are creating a living will that states your wishes should you become incapacitated, designating a surrogate or proxy to make medical decisions, granting power of attorney to someone to make financial and legal decisions and preparing advance directives such as a Do Not Resuscitate order.

A plan, including a last will and testament or trust that spells out what happens to your assets and who will be guardian to minor children upon your death, spares you the mess on "Succession," the HBO TV series about an aging media mogul playing power games with his heirs. Peace of mind is preferable to the family in-fighting, exorbitant legal costs and hours in court your survivors will encounter if you leave your fate in limbo.

"You do not want to get turned back into the court system or find yourself a ward of the court and face the indignity of having your life dragged through court," Rosenberg said.

He and Stone cited the case of Terri Schiavo, the Florida woman who lived in a persistent vegetative state from 1990 to 2005 as her husband fought to remove a feeding tube and her parents fought to keep her connected. At one point, Gov. Jeb Bush intervened to have the tube reinserted. After years of lawsuits, injunctions, appeals and stays, Schiavo was allowed to die. She was 41.

"In the Terri Schiavo case, there was no written recitation of whether she wanted to be kept on life support or not," Rosenberg said. "Her husband and her parents had different goals. The case illustrates all the painful battles and financial disasters that can befall your loved ones if you don't have a living will."

Coronavirus has presented a new wrinkle in the best-laid plans. Typically, your health care surrogate would be in the hospital with you advocating for your desires if you are not able to express yourself. But the COVID-19 disease is closing off hospitals to visitors and confining patients to isolated circumstances. Lawyers recommend adding language to your documents that will authorize your surrogate to give instructions over the phone, by email or during an online conference. And make sure to amend any old documents that may have prohibited intubation.

"We're hearing heart-wrenching accounts of patients on a gurney in the hallway of a hospital hooked up to a ventilator with no loved one by their side, and families saying goodbye on cell phones or walkie-talkies," Stone said. "I feel like the grim reaper but I'm telling clients you've got to assume you may die alone. Your family can't get in to see you or talk directly to your doctor. Because of the nature of coronavirus, no hospital can let people in off the street."

Coronoavirus has erected a major obstacle for Floridians: State law requires two in-person witnesses when a will or other documents are signed. Quarantines and social-distancing rules make it difficult to round up witnesses. Florida has been slow to adopt electronic and remote signing laws approved by other states.

"For wills, trusts, surrogacy forms and power of attorney, Florida's new statute allowing online execution will not be effective until July 1," Stone said. "Many states have changed, relaxed or suspended these laws to catch up to modern digital times but we are stuck with very strict rules in Florida."

The Florida Bar is hoping to introduce legislation that will retroactively validate any end-of-life documents completed without in-person witnesses during the coronavirus health emergency, Stone said.

"I was talking to an elderly couple, they both have medical problems, they are sequestered now and their deadline for an updated living will has been accelerated," said Stone, former president of the American College of Trust and Estate Counsel and an adjunct professor at the University of Miami School of Law. "You should still draw it up, name surrogates and sign it even without witnesses. Something is better than nothing. You can always revise it later."

Rosenberg is being flooded with requests for elder law guidance. Older adults and their relatives are struggling with urgent and awkward circumstances where they are confined to nursing homes or senior communities where no visitors are allowed. Some have dementia, Alzheimer's, memory loss or other geriatric issues.

"People are cut off and don't know where to turn," Rosenberg said. "'How do we care for our loved ones? How do I make sure my grandmother is getting services when I can't even visit her? How do I help her update her documents when they haven't been touched in years and she needs to designate new people? What if my father gets the virus? What if I die and there's nobody to look out for my parents?'"

Rosenberg talked to a woman in an Adult Living Facility whose husband had dementia and recently died. She has no immediate family nearby, friends can't visit and she has difficulty using a computer. Another woman came to South Florida to take care of her ill mother, got stranded here after the outbreak spread and now her brother is being uncooperative as they try to decide on a facility and end-of-life plan for their mother.

In another instance, he spoke to a woman who has been contemplating divorce for a long time "but she'd never pulled the trigger and now she's afraid of what will happen to her property if she gets infected," Rosenberg said. "She says, 'If I die, he gets all the money, runs off with another woman and nothing goes to my kids.' They also had a business together and need a business succession plan.

"In this area of law we are dealing with intricate personal issues. It's akin to social work. We're attorneys at law but also counselors at law. We're not suing people. We are trying to make sure people are properly cared for."

Just as you are preparing your home and adjusting your hygiene for coronavirus, so should you make choices about what happens if you become incapacitated or die, Rosenberg said. How do you want your funeral to be conducted? Cremation? Organ donation? Who gets the cherished heirlooms? According to Caring.com, only 37 percent of Americans have a will.

It's possible to make a will online. Consult websites such as Cake ("Navigating mortality? We'll be your guide"), Gentreo ("Life happens") and Willing ("Legal wills made easy"). But lawyers caution that do-it-yourself wills have their pitfalls, and are not necessarily easier and cheaper than consulting with an estate-planning specialist who knows state law.

Stone highly recommends reading the information offered by the American College of Trust and Estate Counsel on their website and watching its new video, "Getting Your Affairs in Order: Essential Legal Documents."

The Real Property, Probate, and Trust Law Section of the Florida Bar provides access to vital information on its website.

Rosenberg's firm, Kelley Kronenberg, has created a coronavirus text hotline and is posting coronavirus resources.

Full Article & Source:
Surge on wills: Fearing death by coronavirus, people ask lawyers to write their last wishes