iagnosed with dementia or suspect a loved one has it?

There are many legal issues that need to be taken care of before mental capacity is lost.Blue Mountain Health System and Arden Courts Memory Care Community have teamed up to present a series of luncheon workshops surrounding issues related to dementia. The first of the monthly workshops was held at the Bowmanstown Medical Plaza in early December and concerned legal issues.Gail Weiner Shearer, an attorney in Bethlehem, covered all of the ins-and-outs of power of attorney, living wills/advance directives and wills.A power of attorney is a formal document that allows a person to name someone to make decisions for him or her that will be beneficial. The authority of a power of attorney is only in effect while the person it benefits is still alive, Shearer said.Basically, it "allows them to do whatever you would want them to do," she said. "The power of attorney is a very powerful document."For that reason, the person chosen to be named should be selected carefully. Don't pick someone just because he or she is the firstborn child, lives nearby or requests being named."It's not a popularity competition," Shearer said. "Pick the better person even if they are not local."A power of attorney has the authority to make limited gifts, borrow money, handle tax and insurance matters, employ people, enter safe deposit boxes and receive government benefits. They can also create a trust or make additions to a trust, get involved in real and personal property transfers, sell stocks and bonds, enter into legal suits, and transfer business at banks and other financial institutions, all in your name.The person named to have power of attorney can be changed, but the person should be told that it is changed, Shearer said. The power of attorney authority is only effective when a person no longer has the capacity to make the decisions for himself or herself.If married, the spouse usually has the authority to make these decisions, unless a power of attorney document is drafted naming someone else. In that case, it should be stated in the document why the spouse doesn't have the authority. If single and no one has been named, then the courts will appoint a guardian.A living will or advance directive states the amount of end-of-life treatment or procedures to be used, whether a little or as much as possible. It can state other requests, such as clergy visits, a pet being brought in to the facility or someone to read a book.A living will also can name someone who will make medical decisions if the person is unable to make them due to being close to death, in a coma or having severe brain injury and allows the power of attorney to see medical records. The agent granted authority over medical decisions in a living will does not have to be the same person named as power of attorney.Shearer recommends naming someone who has medical knowledge, if possible. No matter who is named, someone should be named in a living will because of the medical privacy law HIPAA, or Health Insurance Portability and Accountability Act of 1996.It is important to discuss with family what is wanted or not wanted."Your family should know what you want. Your doctor should know what you want," Shearer said. When the time comes, "it shouldn't be a surprise. Let your kids know why you are doing this."Shearer said a Physician Orders for Life-Sustaining Treatment is different from a living will/advance directive and advises people to be cautious when drafting it. She knows of a person who told her doctor she didn't want antibiotics and then almost didn't get them.When requested, a POLST form is completed by a doctor about current medical care. A living will/advance directive concerns future medical care. POLST is a medical order, not a statement of the patient's wishes. And it can only be changed by a physician, while a person can change his or her living will.Shearer said the test for whether a POLST form should be completed is: "Does a person have 12 months or less to live?"And last but not least is a person's last will and testament.Shearer said a will states what should be done with anything owned by a person at the time of death and how it should be distributed. It should name an executor, which is the person who is responsible for filing the will in the Orphans' Court and carrying out the orders in the will, as well as paying the bills and taxes, making an inventory of assets and clearing titles of vehicles and real estate.Some specifics about making a will:• It has to be written. Videos are not valid in Pennsylvania.• It should be kept in the person's possession at home, in a fire safe for instance. It does not have to filed in the courthouse before death or be sealed by a notary to be valid.• If updated, the previous version should be kept in case something happens to the newest one.• The executor does not have to be the same person named as power of attorney or the agent in a living will.• The executor cannot change the will.• It can never be too old.• Does not have to be witnessed, but two witnesses will have to appear in the Register of Wills' office at the time of probate to file it and to attest to it being the person's signature and last will.• If witnessed, then there should be two witnesses and an affidavit, or written statement, by the person whose will it is that it is his or her signature. An affidavit takes the place of witnesses going to the courthouse.The next workshop, "Dementia 101," will be held from noon to 1:30 p.m. Jan. 18. All of the workshops will be held at that time at the Bowmanstown Medical Plaza. A free lunch is included. The February workshop, "When is it Time to Place," will be held Feb. 14, and the final workshop, "Senior Scams," will be on March 14.