Legal Concerns

Preparing the appropriate legal documents can help calm some initial fears and create peace of mind for the person living with dementia and their family members.

You might have questions and concerns about affairs management and personal decision-making.

Legal documents ensure a person’s wishes are known and observed

A diagnosis does not necessarily mean that a person will become unable to manage their own affairs, but if multiple symptoms of dementia are present, or a diagnosis has been confirmed, we encourage taking the appropriate steps and documenting plans for the future. This will help ensure the right decisions are being made by the right people. A lawyer can guide you in completing these documents.

Here is a video from Samantha Reay of the Alzheimer Society of Calgary discussing the importance of these documents.

 
 

What to expect

There are a couple of legal documents that will ensure a person’s wishes are known and followed should they ever become unable to communicate those wishes directly (for any reason).
 

Personal Directive

  • Details a person’s wishes related to house and/or medical decisions and designates the person they feel most comfortable speaking on their behalf.
  • This document only becomes active if there is ever a time period when the person is unable to communicate their own wishes.
  • The Government of Alberta has published a helpful guide and can be viewed here

Enduring Power of Attorney

  • Outlines a person’s wishes related to financial matters and designates a person they feel most comfortable with making decisions on their behalf.
  • This document only becomes active if there is ever a time period when the person is unable to communicate their own wishes.
  • The Centre for Public Legal Education Alberta has published a helpful reference guide and can be seen here

Where to start

Whether you are living with dementia or caring for a loved one, you can access information and guidance about legal matters from legal counsel. We suggest placing a call to your family lawyer to begin. If you do not have a family lawyer, try reaching out to any of these resources: