Mild cognitive impairment (MCI) poses unique risks for elder care planning, since seniors with the condition are often still able to make decisions. However, MCI can rapidly worsen, leaving the afflicted senior unable to make decisions and advocate for themselves. When a person begins to suffer from MCI, it’s essential to understand their legal ability to make decisions for themselves and to prepare for possibilities, like Alzheimer’s and dementia. In light of the upcoming holidays and the fact that families will be getting together with elderly loved ones, Beck, Lenox & Stolzer Estate Planning and Elder Law, LLC, offers this information on legal decision-making for senior with mild cognitive impairment.(MCI).
MCI Can have an Impact on Legal Decision-Making
MCI affects cognitive functions, such as memory and reasoning. It may not fully impair a person’s decision-making ability, however, those with MCI are vulnerable. They may struggle to understand complex details or be more susceptible to external influences, creating an increased risk of legal complications. Courts may recognize their decision-making abilities in some cases. However, this varies depending on individual circumstances.
Essential Legal Tools to Protect Seniors with MCI
Specific legal tools are available for seniors with MCI to safeguard their autonomy and security:
- Power of Attorney (POA): Establishing a POA allows a trusted individual to make decisions on behalf of someone with MCI. It’s critical to arrange this while individuals can still consent and designate someone they trust.
- Healthcare Directives/Power of Attorney for Healthcare: Advance healthcare directives specify the senior’s wishes for medical treatment if they lose decision-making capacity. This ensures that any care aligns with their preferences, avoiding unwanted procedures.
- Living Wills and Trusts: A living will provide instructions on end-of-life care, while trusts can help manage assets. Both tools help honor a person’s choices, even if cognitive decline progresses.
Safeguarding against Potential Exploitation
With MCI, seniors are often at higher risk for undue influence or financial abuse. Setting up legal protections early helps minimize this risk. Reviewing legal arrangements with a trusted attorney can ensure that only reliable individuals have authority over the senior’s decisions. Regular check-ins and legal reviews are also used to adjust for cognitive changes.
Family’s Role in Decision-Making for Seniors with MCI
Family members can be instrumental in protecting loved ones with MCI. When families stay actively involved in the senior’s life, they can better monitor for signs of cognitive decline. However, this can also be a delicate balance, as family involvement must respect the senior’s desire for independence. Collaboration among family members, alongside trusted legal and healthcare professionals, can offer a well-rounded support system.
Recognizing When Legal Intervention Becomes Necessary
When MCI progresses to dementia or another condition that significantly impacts decision-making, legal intervention may be unavoidable. Families might need guardianship or conservatorship, where a court grants them authority over the senior’s legal, financial and healthcare decisions. However, pursuing these steps early—before significant cognitive decline—allows the senior more influence over the process.
Start Planning for Mild Cognitive Impairment Today
While living with mild cognitive impairment is challenging, there’s a great deal you can do to secure your future and that of your loved ones. Our law firm can help you start by scheduling an estate planning consultation. We offer a free initial phone consultation that can be scheduled online.
Key Takeaways
- Power of Attorney safeguards seniors’ decisions: Seniors with MCI can assign trusted individuals to make decisions, if they can no longer do so themselves.
- Healthcare directives align future care with current wishes: Seniors can lose their decision-making abilities if their cognitive impairment worsens; plan to secure your wishes.
- Trusts honor individual preferences: Trusts are tools that manage assets and end-of-life care, ensuring that choices are respected as MCI progresses.
- Family support mitigates risks of exploitation: Family members’ involvement can prevent financial abuse and provide an additional layer of security.
- Legal intervention may be necessary with advanced cognitive decline: Guardianship or conservatorship can protect seniors’ interests, if MCI develops into dementia.
Our attorneys at Beck, Lenox & Stolzer have worked with many seniors who are in various stages of cognitive decline and yet have the legal decision making ability. If you witness some decline, contact us for help.
Reference: Elder Tree Care (2024) “Mild Cognitive Impairment and Legal Decision-Making“
