Planning for Dementia: Documents Every Family Should HaveProtecting Your Loved One’s Dignity, Decisions, and Future

When a loved one is diagnosed with dementia—or even begins to show signs of memory loss—families often feel overwhelmed and unsure where to begin. While emotional support and medical care are top priorities, one of the most important things you can do early on is to get the right legal documents in place. Acting quickly ensures your loved one’s wishes can be honored while they still have the capacity to make decisions—and gives your family the legal tools needed to provide care without unnecessary court involvement.

Here are the essential estate planning documents every family should have when planning for dementia:

1. Durable Power of Attorney (DPOA)

A Durable Power of Attorney allows a trusted person—called an “agent” or “attorney-in-fact”—to manage financial affairs on behalf of your loved one. This includes tasks like paying bills, managing bank accounts, handling real estate, and applying for benefits.

In Florida, the DPOA must meet specific statutory requirements and must be executed while your loved one still has capacity. Without this document, you may need to seek guardianship through the court system to manage financial matters if your loved one later becomes incapacitated.

2. Designation of Health Care Surrogate

This document allows your loved one to choose someone to make medical decisions on their behalf if they are unable to do so. In Florida, it can be used immediately or only upon incapacity, depending on how it’s drafted.

Choosing a trusted surrogate ensures that healthcare providers know who to listen to in emergencies and gives your family peace of mind that decisions will reflect your loved one’s wishes.

3. Living Will (Advance Directive)

A Living Will outlines your loved one’s wishes regarding end-of-life care. It answers difficult questions like whether they want life support, feeding tubes, or resuscitation in the event of a terminal condition or persistent vegetative state.

Having a clear, written directive helps remove the burden of decision-making from family members during emotionally intense moments.

4. HIPAA Authorization

Due to privacy laws, doctors and hospitals may not be able to share your loved one’s medical information—even with family members—without written permission. A HIPAA Authorization allows designated individuals to access medical records and speak to providers, which is critical when managing care for someone with dementia.

5. Revocable Living Trust

A Revocable Living Trust can be an important planning tool for individuals with dementia, particularly when managing assets over time. Assets placed in the trust can be managed by a successor trustee if your loved one becomes incapacitated, avoiding the need for court-appointed guardianship or probate.

The trust can also direct how assets should be used for care during life and how they will be distributed after death—providing a seamless transition of control.

6. Last Will and Testament

If your loved one doesn’t already have a will, now is the time to create one. The will names beneficiaries and a personal representative (executor), and ensures that their wishes are followed after death. Even if most assets are held in a trust, a pour-over will is still necessary to capture any property not already titled in the trust.

Plan Early, Act Compassionately

Dementia is a progressive condition, which means the window of time for meaningful legal planning is limited. By acting early, your family can reduce stress, avoid costly legal processes, and ensure that your loved one’s preferences are clearly documented and legally protected.

At The Warnock Law Group, we help families in Florida navigate dementia-related estate planning with empathy and precision. Whether you need to draft new documents or review an existing plan, we’ll walk you through the process step by step.

Contact us today to schedule a consultation and take this essential step toward peace of mind for your entire family.

For a free consultation or for further help with the process please contact us at:

(239) 437-1197

6843 Porto Fino Cir,

Fort Myers, FL 33912, USA

law@warnocklawgroup.com