Alzheimer’s disease affects millions of Americans, but its impact is felt most deeply by the families and caregivers supporting a loved one as symptoms progress. When memory, judgment, and cognitive function begin to decline, legal and financial planning becomes essential. Early action ensures an individual’s wishes are honored and prevents families from facing unnecessary court involvement later.
Understanding how this disease affects legal decision-making is the first step toward protecting a family member’s well-being, finances, and future care.
What Is Alzheimer’s Disease?
Alzheimer’s disease is a progressive, irreversible brain disorder that slowly destroys memory, reasoning, and the ability to perform everyday tasks. According to the National Institute on Aging, Alzheimer’s develops through a complex combination of genetic, environmental, and lifestyle factors over many years.¹
Common signs include:
- Memory loss affecting daily activities
- Difficulty managing finances
- Confusion about time or place
- Changes in judgment
- Repeating questions or stories
- Withdrawal from social activities
- Mood or personality changes
According to the Alzheimer’s Association, more than 6.5 million Americans are currently living with Alzheimer’s, and the risk increases significantly with age. Women are diagnosed at higher rates than men, and individuals may live four to eight years after diagnosis — or up to 20 years depending on overall health.
As the disease progresses, the ability to make legal, financial, and healthcare decisions diminishes, which makes early planning critical.
Why Legal Planning Matters After an Alzheimer’s Diagnosis
Alzheimer’s affects a person’s cognitive capacity — including their ability to understand, sign, or update legal documents. If legal planning is delayed until symptoms progress too far, an individual may no longer have the capacity to:
- Sign a power of attorney
- Create or amend a living trust
- Update a will
- Make healthcare decisions
- Manage finances
- Choose their future long-term care
When this happens, families often file for guardianship, which requires formal court involvement and ongoing oversight. For this reason, proactive legal planning protects autonomy, reduces stress for family members, and ensures decisions reflect the individual’s wishes.
Essential Legal Documents for Individuals With Alzheimer’s Disease
1. Durable Power of Attorney (Financial)
A durable power of attorney allows a trusted person (the “agent”) to manage finances, bank accounts, property, and legal matters if the individual becomes unable to do so. The PoA must be signed before significant cognitive decline. Without it, family members cannot legally access accounts or make financial decisions.
2. Healthcare Power of Attorney
This document appoints someone to make healthcare decisions when the individual can no longer communicate or understand medical information. It works hand-in-hand with an advance directive and becomes essential as Alzheimer’s progresses.
3. Advance Healthcare Directive / Living Will
An advance directive outlines personal preferences regarding:
- Life support
- Emergency treatment
- Hospitalization
- End-of-life decisions
4. Living Trust
A revocable living trust allows individuals to:
- Maintain control of their assets while still capable
- Appoint a successor trustee if they become incapacitated
- Avoid probate
- Protect finances from confusion, delay, or misuse
Once cognitive function declines, the successor trustee can step in to pay bills, manage property, and administer the individual’s financial affairs.
5. Medicaid & Long-Term Care Planning
Long-term care can be costly. Early planning may protect assets while preparing for:
- Assisted living
- Memory care
- In-home caregiving
- Skilled nursing
A Medicaid planning attorney can help families understand spending rules, asset protection strategies, and eligibility guidelines long before care becomes necessary.
When Is Guardianship Necessary?
Guardianship is needed when an individual with Alzheimer’s can no longer manage their personal or financial affairs, and no valid legal documents are in place. Under Nevada law, the court may appoint a guardian to make decisions regarding:
- Healthcare
- Living arrangements
- Finances
- Safety
- Daily needs
Drizin Law’s Las Vegas guardianship attorneys help families evaluate alternatives, understand Nevada’s laws, and navigate the complex process of guardianship for Alzheimer’s disease with clarity.
Medication Risks for Seniors With Alzheimer’s Disease
Many individuals with Alzheimer’s take medications designed to slow memory decline or manage symptoms such as anxiety, depression, aggression, restlessness, or sleep disturbances. However, combining these medications, especially central nervous system (CNS) depressants, can be dangerous.
A 2021 study analyzing Medicare data for more than 1.2 million people with dementia found that nearly 14% were taking three or more CNS-active drugs at once.³
Risks of Over-Medication
Excessive use of CNS depressants can cause:
- Respiratory depression
- Seizures
- Dangerous sedation
- Falls
- Hospitalization
- Potentially fatal complications
Combinations of these drugs should be managed with extreme caution, and caregivers should always ask a pharmacist or physician:
- Why medication is prescribed
- Potential side effects
- How it interacts with other drugs
- What to do if a dose is missed
The National Institute on Aging provides detailed guidance for medication safety for individuals with Alzheimer’s. However, to prevent dangerous interactions, caregivers should specifically review the risks of over-medicating seniors with Alzheimer’s disease.
New FDA-Approved Alzheimer’s Drug: What Families Should Know
In 2023, the U.S. Food and Drug Administration approved Leqembi™, a breakthrough drug for early Alzheimer’s disease.⁵ Approved under the FDA’s Accelerated Approval pathway, the drug has shown effectiveness in slowing disease progression during early stages of cognitive decline.
While not a cure, this new medication marks a significant advancement and may help eligible individuals maintain function for a longer period. Medicare and Medicaid coverage is expected to expand access to an estimated one million people diagnosed with early-stage Alzheimer’s.
Local Alzheimer’s Resources for Nevada Families
Families in Southern Nevada have access to several trusted organizations providing support, education, and caregiver resources.
Alzheimer’s Association – Desert Southwest Chapter
The Alzheimer’s Association offers support groups, education programs, and a 24/7 helpline for caregivers and individuals with dementia:
Phone: 1-800-272-3900
Website: https://www.alz.org
This chapter supports families throughout Southern Nevada and provides guidance on memory loss, treatment options, caregiver strategies, and additional Alzheimer’s Association resources.
Cleveland Clinic Lou Ruvo Center for Brain Health
Located in Las Vegas, the Lou Ruvo Center is nationally recognized for Alzheimer’s diagnosis, treatment, and ongoing clinical trials. It serves as a key resource for:
- Diagnostic testing
- Medication management
- Research updates
- Non-pharmacological interventions
How Alzheimer’s Affects Decision-Making Capacity
Cognitive decline impacts the ability to:
- Manage finances
- Understand legal documents
- Consent to medical treatment
- Make informed decisions
Nevada law generally requires that a person signing legal documents understands:
- What the document is
- What property they own
- Who their beneficiaries are
- The consequences of the document
As Alzheimer’s advances, this level of understanding diminishes. As a result, families may lose the ability to put critical protections in place without court intervention.
Non-Pharmacological Support: Improving Quality of Life
While medications are helpful, many families also see benefits from non-drug interventions such as:
- Sensory stimulation
- Music therapy
- Memory activities
- Social interaction
- Structured routines
- Reminiscence therapy
Steps Nevada Families Should Take After an Alzheimer’s Diagnosis
- Schedule a legal planning consultation
Early planning protects the individual’s rights and wishes. - Establish trusted decision-makers
With a PoA, advance directives and trust planning. - Review long-term care needs
Understand potential costs and start Medicaid planning early. - Monitor medications
Ask providers about risks, side effects, and interactions. - Build a support network
Turn to the Alzheimer’s Association and local resources. - Stay informed about new treatments
Advances like Leqembi™ may benefit eligible patients.
How Drizin Law Supports Families Facing Alzheimer’s Disease
For more than 30 years, Attorney Lee A. Drizin and our elder law team have helped Nevada families navigate Alzheimer’s-related legal challenges with clarity and compassion. We assist clients with:
- Powers of attorney
- Living trusts & trust administration
- Advance healthcare directives
- Guardianship
- Medicaid planning
- Support for caregivers
- Estate planning updates
Alzheimer’s is overwhelming — legally, emotionally, and financially. However, it can be managed with assistance.
To speak with an elder law attorney, call 702-798-4955 or contact us through our website.
Resources
¹ National Institute on Aging – “What Happens to the Brain in Alzheimer’s Disease”
https://www.nia.nih.gov/health/what-happens-brain-alzheimers-disease
² Alzheimer’s Association – Alzheimer’s Facts & Figures
https://www.alz.org/alzheimers-dementia/facts-figures
³ Journal of the American Medical Association (2021) – CNS Medication Study
⁴ National Institute on Aging – “Managing Medications for a Person With Alzheimer’s Disease”
https://www.nia.nih.gov/health/managing-medicines-person-alzheimers
⁵ U.S. Food & Drug Administration – Leqembi Approval
https://www.fda.gov/news-events
