You may think of estate planning as something to take care of once you are older, or after your health starts to decline. But in light of the widespread nature of cognitive impairment, you should act while your mind is still sharp.
Once a diagnosis is made or your memory begins to fade, it may already be too late to make key decisions about your medical care, your finances, and your future.
June is Alzheimer’s and Brain Awareness Month. For Texans approaching retirement or caring for aging loved ones, this is a time to talk about legal planning. You are not powerless in the face of this disease. In fact, you have more options than you may realize if you take steps early.
Alzheimer’s Is More Widespread Than You Think
About 400,000 Texans are currently living with Alzheimer’s disease, and that number is expected to grow significantly in the coming years.
As people live longer, age-related cognitive decline becomes a common reality for many families. This is not just an individual challenge. It affects spouses, adult children, caregivers, and friends.
In the early stages, a person may forget appointments or repeat questions. Eventually, those symptoms can progress to confusion, personality changes, and complete inability to manage basic needs.
That progression impacts legal rights. Once someone loses legal capacity, they can no longer sign documents or make decisions on their own. This is why planning before a diagnosis is essential.
Incapacity Without Planning Leaves Families in a Bind
When there is no legal documentation in place, family members must turn to the courts to obtain decision-making authority. In Texas, that means a guardianship proceeding.
The court will hold a hearing, evaluate evidence, and appoint a guardian to take over. This process can be expensive, time-consuming, and emotionally difficult.
Even when everyone agrees on who should be in charge, guardianship brings ongoing court supervision. That includes detailed reporting requirements and restrictions on how financial decisions can be made.
When there is family conflict or uncertainty, the situation becomes even more stressful. You can avoid all of this by asserting your own decisions while you still can.
Key Legal Tools You Should Put in Place Now
There are four core documents every Texan should have as part of an elder law strategy: a durable financial power of attorney, a medical power of attorney, a HIPAA release, and a living will.
The durable financial power of attorney allows you to name a trusted person to manage your financial affairs. This includes paying bills, handling investments, filing taxes, and more. The word “durable” means that the document remains valid even if you lose mental capacity.
A medical power of attorney lets you name someone to make health care decisions if you can’t speak for yourself. You should add a HIPAA release to give the agent the authority to access your medical information.
With a living will, you spell out your wishes for end-of-life care. This includes instructions about life support, artificial hydration, and other medical interventions. You can decide what kind of care you want and don’t want.
These documents are simple to execute, but only if you act before capacity becomes an issue.
A Living Trust Can Also Provide Strong Protection
If you own real estate, investments, or other valuable property, you may also benefit from creating a revocable living trust.
This tool allows you to transfer assets into a legal structure that you control while you are alive and mentally capable. You name a successor trustee who can step in if you become incapacitated or pass away.
A living trust avoids probate and keeps your financial affairs private. It also allows for smooth management of your assets if you are no longer able to handle things yourself. Your trustee follows the instructions you have already provided.
In the context of Alzheimer’s planning, a living trust gives your loved ones clear authority without the need for court intervention.
Texas Law Supports Proactive Planning
Texas law gives you the tools to make your own choices in advance. But you must act before there is doubt about your capacity.
If a bank, hospital, or court questions whether you understood what you signed, your documents may not be honored. That is why acting while you are fully competent is vital.
Your legal capacity is judged based on your ability to understand the nature and effect of the decisions you are making. That standard can be difficult to meet once symptoms appear, even in the early stages of Alzheimer’s.
By taking action now, you preserve your autonomy and protect your family from uncertainty later.
Peace of Mind Starts With a Conversation
Addressing the threat of Alzheimer’s may be challenging, but you don’t need to have all the answers right away. The first step is meeting with a licensed elder law attorney who can explain your options and help you put a plan in place.
You will leave that meeting with clarity, direction, and a sense of control. You can make choices that reflect your values and create instructions that will be followed when the time comes. Most importantly, you take that burden off your family.
Now Is the Time for Action
Alzheimer’s and Brain Awareness Month is more than just a reminder. It is an opportunity. If you are reading this now, you still have time to make your own decisions, on your own terms. That is something worth protecting.
You can call us at 817-899-3286 to schedule a consultation at our Fort Worth or Southlake, TX elder law office, and you can use our contact form to send us a message.
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