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Understanding Legal Documents and Terms
Commonly used documents in legal planning for individuals with Alzheimer's Disease include:
Power of Attorney
A power of attorney document gives a person with Alzheimer's Disease (the principal) an opportunity to authorize an agent (usually a trusted family member or friend), to legally make decisions when he/she is no longer competent. Most powers of attorney are "durable," meaning that they are valid even after the principal is no longer competent. A power of attorney can be changed, withdrawn at any time, and does not give the agent authority to override the decision-making of the principal.
Durable Power of Attorney for Health Care
A durable power of attorney for health care document appoints an agent to make all decisions regarding health care, including choices regarding health care providers, medical treatment and facilities. For persons in the later stages of Alzheimer's Disease (AD), the health care agent will choose care services and make end of life decisions, such as whether or not the person with AD (Alzheimer's disease) is given artificial nutrition or issues "do not resuscitate" (DNR) directives.
Living Will
In a living will, the person with Alzheimer's Disease expresses his/her decision on the use of artificial life support systems. It is useful only in situations where a physician has determined that the person is irreversibly ill or critically injured and near death.
Living Trusts
Trusts created by an individual, with legal capacity, during his/her lifetime are known as "living" trusts. A living trust is another way to ensure the management of property. The person with Alzheimer's Disease, the grantor, also known as the trustor, creates the trust and appoints him/herself or someone else as trustee. A trustee, usually an individual or bank, has the responsibility to carefully invest and mange trust assets. The living trust provides that once the grantor, who is also acting as the trustee, is no longer able to manage finances because of cognitive impairment, another person is appointed as trustee.
Will
A will is a document created by an individual that names an executor - the person who will manage the estate - and the beneficiaries - the person or persons who will receive the estate - at the time of death. Wills are effective only when the individual who created and executed the will dies.
Guardianship/Conservatorship
A caregiver of an individual who no longer has legal capacity to execute powers of attorney or trust may have to become that individual's guardian or conservator. A guardian has the legal authority to make decisions regarding the care and custody of the person with Alzheimer's Disease. In some states, the guardian who manages assets is known as a conservator.
Posted August 3rd, 2007
Power of Attorney
A power of attorney document gives a person with Alzheimer's Disease (the principal) an opportunity to authorize an agent (usually a trusted family member or friend), to legally make decisions when he/she is no longer competent. Most powers of attorney are "durable," meaning that they are valid even after the principal is no longer competent. A power of attorney can be changed, withdrawn at any time, and does not give the agent authority to override the decision-making of the principal.
Durable Power of Attorney for Health Care
A durable power of attorney for health care document appoints an agent to make all decisions regarding health care, including choices regarding health care providers, medical treatment and facilities. For persons in the later stages of Alzheimer's Disease (AD), the health care agent will choose care services and make end of life decisions, such as whether or not the person with AD (Alzheimer's disease) is given artificial nutrition or issues "do not resuscitate" (DNR) directives.
Living Will
In a living will, the person with Alzheimer's Disease expresses his/her decision on the use of artificial life support systems. It is useful only in situations where a physician has determined that the person is irreversibly ill or critically injured and near death.
Living Trusts
Trusts created by an individual, with legal capacity, during his/her lifetime are known as "living" trusts. A living trust is another way to ensure the management of property. The person with Alzheimer's Disease, the grantor, also known as the trustor, creates the trust and appoints him/herself or someone else as trustee. A trustee, usually an individual or bank, has the responsibility to carefully invest and mange trust assets. The living trust provides that once the grantor, who is also acting as the trustee, is no longer able to manage finances because of cognitive impairment, another person is appointed as trustee.
Will
A will is a document created by an individual that names an executor - the person who will manage the estate - and the beneficiaries - the person or persons who will receive the estate - at the time of death. Wills are effective only when the individual who created and executed the will dies.
Guardianship/Conservatorship
A caregiver of an individual who no longer has legal capacity to execute powers of attorney or trust may have to become that individual's guardian or conservator. A guardian has the legal authority to make decisions regarding the care and custody of the person with Alzheimer's Disease. In some states, the guardian who manages assets is known as a conservator.
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Glossary of Legal Terms
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| Agent | The individual authorized to make legal decisions for the principal, usually a trusted family member or friend. |
| Beneficiaries | The individuals named in a will who receive the estate upon the death of the will maker. |
| Conservator | The individual who manages another individual's assets and financial matters. |
| Executor | The individual named in a will who manages the estate of a deceased individual. |
| Grantor/Trustor | The creator of the living trust. |
| Guardian | An individual, appointed by the courts, authorized to make legal and health care decisions for another individual. |
| Principal | The individual signing the power of attorney to authorize another individual to legally make decisions for him/her. |
| Trustee | The individual or bank who manages the assets of the living trust. |
Compiled by the Lincoln/Greater Nebraska Chapter of the Alzheimer's Association, 1999.
