When your spouse is diagnosed with dementia, it can be overwhelming to think about the future. Beyond the emotional and physical toll, there are important legal and planning steps to protect your spouse’s care, assets, and future. As an Elder Law Attorney specializing in Medicaid Planning and Estate Planning in Massachusetts, I have worked with many families navigating these difficult decisions. Here are four critical steps to consider when planning for your future after a diagnosis:

1. Update Estate Planning Documents Early

Dementia is a progressive condition, and it’s essential to update or create estate planning documents while your spouse is still able to make informed decisions. Key documents to review include:

• Durable Power of Attorney: Make sure that you and your spouse both have a Durable Power of Attorney document in place.  This document lets you choose someone to manage your financial affairs when you cannot.  It is especially important to make sure you have a backup plan in case the first person named is not available.  If you have your spouse named as your Power of Attorney, you should consider whether this is still a good idea and make sure you have a backup.

  
  

• Health Care Proxy: You and your spouse should both make sure that your Health Care Proxy is updated, and you have named someone who will be available if you need them. 

  
  

• Will: You and your spouse should ensure your Will is updated and reflects your current wishes.  You should consider establishing a Will with a Testamentary Trust for your spouse.  A testamentary trust can be designed to protect assets for your spouse’s benefit while allowing them to qualify for MassHealth (the Medicaid program in Massachusetts) if needed. This trust would provide for your spouse’s needs without jeopardizing their eligibility for benefits. If you died first. 

By updating these documents sooner rather than later, you can avoid legal complications. 

2. Plan for Long-Term Care Costs

Dementia care is expensive, and it’s critical to plan for the high costs of long-term care. Having a plan in place now for how you will pay for the needed care will give you the best options to protect your assets. Medicaid Planning will help you create a road map for the future and understand your options.

Start this process early. Asset transfers have strict look-back periods, and acting ahead of time gives you more options.

3. Make a List of Assets and Income

To plan for your future, it is helpful to have an accurate picture of both you and your spouse’s assets, income and debts.  Make sure you know:

• How much income you and your spouse each make? 

• What assets do you and your spouse own and how are they titled?  Are any assets held in retirement accounts? 

• What debts do you and your spouse have?

Getting a handle on your financial picture will be an important part of planning for future care needs. 

4. Consider Hiring a Geriatric Care Manager

In addition to legal and financial planning, many families find it helpful to work with a geriatric care manager. These professionals help coordinate medical, social, and residential care for dementia patients, ensuring the best quality of life for your spouse.

A geriatric care manager can:

• Recommend appropriate living arrangements, whether at home with care or in a memory care facility.

• Coordinate care providers and help manage day-to-day needs.

• Offer guidance on medical and support services and help you plan for transitions in care as your spouse’s condition progresses.

  
  

This step allows you to focus on your family while ensuring your spouse gets the care and attention they deserve.

Planning for the future after a dementia diagnosis can be scary, but with the right legal and financial steps, you can help get the support your spouse will need and protect your financial future.  As an Elder Law Attorney, I’m here to guide families through these decisions and ensure that all aspects of their planning are addressed.

Senior Solutions, Attorneys at Law, is an Estate Planning and Elder Law firm serving the Greater Boston, Massachusetts area since 2001. We are ready to help you with Medicaid Planning, Estate Planning, Probate, Guardianship & Conservatorships, Special Needs Trusts, and Fiduciary Services. We are here to help. Please call our office at 617-489-5900 or schedule a brief consultation (offered to new clients) by clicking the button below: