Dementia is not a specific disease; it is an umbrella term describing a wide range of symptoms associated with a decline in memory or thinking skills, which are severe enough to reduce a person’s ability to perform everyday activities. While Alzheimer’s disease accounts for 60 to 80% of cases, other forms, such as vascular dementia caused by strokes, are also common.
For families in Southern Nevada, a diagnosis brings uncertainty. However, it is crucial to first rule out reversible conditions. Sudden changes in behavior, such as increased confusion, agitation, or withdrawal, can sometimes be caused by urinary tract infections (UTIs), thyroid problems, or vitamin deficiencies rather than permanent cognitive decline.
Once medical causes are understood, the next priority is ensuring a loved one is legally protected.
Legal Capacity: Can a Person with Dementia Sign a Will?
A common misconception is that a diagnosis of dementia automatically strips a person of their legal rights; this is not true. A person suffering from dementia may still have the requisite capacity to execute a Will or estate plan, provided they meet the legal standard of “Testamentary Capacity.”
In Nevada, for a will to be valid at the time of signing, the testator must generally meet three criteria:
- Familiarity with Assets: the testator must generally understand the nature and extent of their property.
- Knowledge of Heirs: the testator should understand who their natural beneficiaries are (e.g., spouse, children).
- Understanding of the Document: the testator must understand that the document they are signing disposes of their estate upon death.
The Danger of “DIY” Documents
When a loved one’s health starts to decline, families often rush to get a Power of Attorney signed. However, if the individual lacks the capacity described above, these documents can be challenged. “DIY” estate plans often fail to meet Nevada’s strict legal requirements, leading to litigation alleging “undue influence” or lack of capacity.
If you are unsure if your loved one still has the capacity to sign legal documents, it is vital to consult with a Nevada probate attorney.
Guardianship: When Capacity is Lost
If dementia has progressed to the point where the individual can no longer manage their financial or medical affairs, and no valid power of attorney exists, guardianship may be the necessary legal step.
Guardianship is a court-supervised process where a judge appoints a responsible person (the guardian) to make decisions for the individual (the protected person).
- Guardianship of the Person: covers decisions regarding healthcare, living arrangements, and daily needs.
- Guardianship of the Estate: covers the management of assets, paying bills, and protecting property from fraud or exploitation.
While guardianship provides the highest level of protection, it involves ongoing court oversight. Our probate lawyers at Drizin Law assists families in navigating this complex process to ensure the “least restrictive” measures are taken to keep the protected person safe.
Patient Safety: Risks & Rights in Care Facilities
Legal protection extends beyond assets; it includes advocating for the physical well-being of an individual. Consequently, families must be vigilant regarding medical management and care standards.
Medication Risks
Not all medications are safe for dementia patients. Many seniors are prescribed drugs to manage behavioral symptoms, but combining these can be dangerous.
- Polypharmacy Risks: A study analyzing Medicare data found that nearly 14% of people with dementia were taking three or more CNS-active (central nervous system–active) drugs at once, which increases the risk of falls and hospitalization.
- Anticholinergics: Research published in JAMA Internal Medicine found that strong anticholinergic medications (often used for bladder control or allergies) could increase the risk of dementia or dementia-like symptoms by nearly 50% in people over 55.
If your loved one is prescribed these medications, we recommend discussing the risks and potential alternatives with their physician.
Recognizing Malnutrition
Weight loss is often dismissed as a symptom of age, but it can be a sign of neglect. Reports from Alzheimer’s Disease International have shown that up to 45% of those living with dementia experience clinically significant weight loss over one year.
In care facilities, up to half of residents with dementia may have inadequate food intake. As cognitive skills decline, patients may forget to eat or lose the ability to use utensils. Rapid weight loss should also be investigated.
The Right to “Person-Centered Care”
Under Nevada law, and advocated by the State Long-Term Care Ombudsman, facilities are encouraged to provide “Person-Centered Care.” This approach shifts the focus from the disease to the individual.
- Dignity & Routine: Residents should be allowed to follow their own daily routines and make decisions about their activities.
- Respect: Caregivers should treat the individual with dignity, rather than focusing solely on their disabilities.
Prevention: The Power of Brain Training
While we specialize in legal planning, we also follow developments in cognitive health. A 10-year study released at the Alzheimer’s Association’s International Conference indicated that proactive brain training can have measurable benefits.
The study showed that seniors who participated in specialized training — specifically courses designed to sharpen reasoning skills or processing speed — were 45% less likely over 10 years to experience dementia or cognitive decline compared to those who received no training. While not a cure, staying cognitively active is a powerful tool in maintaining quality of life.
Get Legal Help Today
Whether you need to update an estate plan while there is still time, or you are facing a crisis that requires emergency guardianship, Drizin Law has the experience to guide you.
Contact us today to schedule a consultation.
