Alzheimer’s disease and Dementia are devastating illnesses which impact a person’s ability to make clear and appropriate decisions for themselves, amongst many other things, and could affect their Phoenix Will. If a person has made a Phoenix Will before diagnosis and they do not wish, or need, to make changes, it will likely hold up in all jurisdictions once the person holding the Phoenix Will passes. Unfortunately, many people do not plan out a clear Phoenix Will prior to these kinds of illnesses, especially if there was no previous family history or indication that they would become sick. Learn about the best way to go about helping a person with Alzheimer’s or Dementia create a Phoenix Will or make amendments to an existing living will.

What Problems Might You Face When Creating a Phoenix Will?

Legal issues commonly arise in this area when a person has an illness which impacts their ability to make decisions for themselves. If your family member has already entered the stages of their illness which renders them incapable of having clear judgment, their existing Phoenix Will will likely stand; if they have not yet made one, the person who has been named as their power of attorney will likely be in charge of their estate and medical decisions until the time of their death. After they pass, it will be up to the state to determine who is entitled to their assets if they do not have an existing Phoenix Will.

Tips for Discussing the Sensitive Issue of a Phoenix Will

If you loved one remains lucid enough to make judgment calls on their own, it is important to move forward with a Phoenix Will as quickly as possible. Discussing the issue might be difficult as it can be a sensitive topic, and being too pushy will only upset your loved one and remind them of their deteriorating mental condition. Follow the steps below for making the discussion about a Phoenix Will successful.

Schedule a Time to Talk

Although the life of an Alzheimer’s patient can be unpredictable at times, it is best to schedule a time with them to speak so they do not feel blindsided by the issue. The earlier in the day, the better as many people experience less lucidity in the evening – a syndrome known as sundowning.

Listen!

While your loved one is still in a manageable mental state, it is important not to try and make decisions for them. Be a listener and respect their wishes when it comes to moving forward with their Phoenix Will.

Prepare Yourself to Answer Hard Questions

Before you attempt to have a conversation about a Phoenix Will, it is important to educate yourself well enough to explain the process to your loved one with Alzheimer’s. If you don’t understand the basics, it could cause a good deal of frustration and confusion for all parties involved.

Need Help?

If you are not sure as to what legal document you currently have contact one of our professionals to help you with your estate planning. They will make sure you have all of your grounds covered and have the right legal documents that best suite your wants and needs.

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