Legal and Financial Planning for People with Dementia


Dementia is a profound challenge affecting numerous individuals and their families globally. In the North Texas region, much like in other areas, families frequently turn to the services of home care agencies like Assisting Hands Home Care to extend crucial support and care to their loved ones coping with dementia. Alongside the emotional and physical facets of dementia care, there exist pivotal legal and financial considerations that necessitate thorough exploration. In this extensive guide, we will delve into these important aspects of home dementia care, providing insights that empower you to make well-informed decisions.


The Complexities of Dementia

Before delving into the labyrinthine terrain of legal and financial considerations, it’s imperative to gain a clear understanding of dementia. Dementia is not a singular ailment; instead, it’s an overarching term encompassing a spectrum of cognitive impairments that disrupt daily functioning. While Alzheimer’s disease ranks as the most prevalent form of dementia, other variants include vascular dementia, Lewy body dementia, and frontotemporal dementia.

Dementia ushers in memory loss, behavioral shifts, and difficulties in communication, problem-solving, and self-care. As the condition advances, individuals with dementia increasingly require heightened levels of care and assistance.

Legal Considerations

Power of Attorney (POA)

  • A Power of Attorney (POA) is a legal instrument authorizing an individual to designate an agent who can make financial and legal decisions on their behalf. In the context of caring for a loved one with dementia, securing a POA can be of paramount importance. Two primary types of POAs are in play:
  • Financial POA: This grants authority to the agent for overseeing financial matters, including bill payment, investment management, and financial decision-making.
  • Healthcare POA: This empowers the agent to make medical decisions, encompassing consent for or refusal of medical treatment, on behalf of the individual.

It is prudent to consult with an attorney specializing in elder law to establish a POA. Care should be taken to appoint a trustworthy agent who comprehends the individual’s desires fully.

Advance Directives

Advance directives are legally binding documents delineating an individual’s healthcare preferences for scenarios where they cannot convey their wishes. Two principal forms of advance directives exist:

  • Living Will: This document outlines the kind of medical treatments the individual either desires or disavows under particular circumstances, such as life-sustaining measures.
  • Do-Not-Resuscitate (DNR) Order: A DNR order instructs healthcare providers not to administer cardiopulmonary resuscitation (CPR) if the individual’s heart ceases to beat or they cease breathing.

The creation of advance directives ensures that the individual’s healthcare choices align with their preferences, even when their cognitive decline impedes verbal expression of those preferences.


In instances where an individual with dementia failed to establish a POA or advance directives before cognitive deterioration set in, the pursuit of guardianship may become necessary. Guardianship involves a legal process whereby the court appoints a guardian to make decisions on behalf of an incapacitated person.

Guardianship can be a convoluted and costly legal endeavor, prompting exploration of less restrictive alternatives whenever feasible. Seeking counsel from an attorney well-versed in elder law can aid in determining the most fitting course of action.

Financial Considerations

Long-Term Care Insurance

Long-term care insurance can prove to be a valuable resource when planning for dementia care. This category of insurance covers the cost of care services, such as those offered by home care agencies or assisted living facilities. Policies exhibit substantial variability, necessitating a meticulous review of coverage particulars, waiting periods, and benefit ceilings.

Optimally, individuals should contemplate long-term care insurance before receiving a dementia diagnosis, as premiums might significantly escalate or coverage could be limited post-diagnosis. Nevertheless, it remains worthwhile to explore options even after dementia’s onset, as some policies might extend coverage under such circumstances.

Medicaid Planning

Medicaid represents a government initiative that extends healthcare coverage to low-income individuals, encompassing long-term care services. Navigating Medicaid can prove to be intricate, with eligibility criteria fluctuating by state. It is imperative to confer with an attorney specializing in elder law who can offer guidance on Medicaid planning.

Medicaid planning often entails strategies for asset protection, such as asset transfers to trusts or judicious expenditures to fulfill Medicaid’s financial eligibility criteria. Importantly, Medicaid planning should be conducted prudently and well in advance of actual need, considering the stringent rules and look-back periods.

Veterans Benefits

For veterans and their spouses, the Department of Veterans Affairs (VA) provides benefits that can offset the expenses associated with dementia care. The Aid and Attendance (A&A) benefit, for example, extends financial aid to veterans and surviving spouses necessitating the assistance of another individual for daily activities due to a disability.

To qualify for VA benefits, veterans must meet specific service and income prerequisites. The application process can prove intricate, warranting engagement with a veterans service officer or an elder law attorney possessing VA accreditation.

Family Caregiver Agreements

In certain situations, families opt to compensate a family member for delivering care to a loved one grappling with dementia. This arrangement can be formalized through a Family Caregiver Agreement or Personal Care Agreement, delineating the caregiver’s responsibilities and compensation terms.

Crafting such an agreement can prove beneficial for both parties involved. It serves to ensure that the caregiver receives equitable compensation for their dedication and time while also furnishing documentation of expenses, vital for Medicaid eligibility assessments.


The Crucial Role of Home Care Agencies

Healthcare providers cannot act as legal or financial advisers, but they can encourage planning discussions between patients and their families. Home care agencies, such as Assisting Hands Home Care, play a pivotal role in offering support and home care to individuals with dementia and their families. They devise personalized care plans that cater to the unique needs and challenges of each client.

Common services furnished by home care agencies in the context of dementia care encompass:

  • Companionship: Engaging clients in meaningful activities, mitigating social isolation, and delivering emotional solace.
  • Assistance with Activities of Daily Living (ADLs): Aiding with tasks like bathing, dressing, grooming, and meal preparation.
  • Medication Management: Ensuring adherence to prescribed medications.
  • Safety Surveillance: Implementing precautionary measures to avert accidents and wandering.
  • Cognitive Stimulation: Orchestrating activities that stimulate cognitive function and memory retention.
  • Transportation: Assisting with medical appointments and errands.
  • Respite Care: Providing temporary relief for family caregivers.

While these services are invaluable for both individuals with dementia and their families, they entail legal and financial considerations that necessitate careful attention. 

Call Assisting Hands Home Care for Your Loved One with Dementia

Caring for a loved one coping with dementia within the home environment represents both a noble endeavor and a formidable challenge. In addition to providing emotional support and safeguarding physical well-being, it necessitates astute attention to legal and financial considerations. The establishment of powers of attorney, advance directives, and exploration of financial resources like long-term care insurance, Medicaid, and veterans benefits can collectively alleviate the financial burdens and ensure that your cherished one receives the highest quality care. An elder law attorney assists senior citizens and their families in understanding state laws, making plans for the execution of wishes, comprehending financial possibilities, and learning how to safeguard financial assets.

At Assisting Hands Home Care in North Texas, we empathize with the intricacies of dementia care and the significance of addressing legal and financial aspects. Our dedicated team of caregivers stands prepared to support you and your family throughout the caregiving expedition. 

If you have inquiries or require assistance with dementia care, please do not hesitate to reach out to us. Together, we can deliver the care and support to your loved one with dementia. 

Contact Assisting Hands today at (214) 609-1340 to schedule a consultation and learn more about the benefits of home care services for your loved one with dementia in Frisco, TX Plano, TX | Allen, TX, and the surrounding areas.