Online Wills & Holistic Legacy Preservation

Legal Capacity Considerations

Understanding capacity is essential for effective planning:

What Is Legal Capacity?

Legal capacity in the context of advance care planning generally means the ability to:

• Understand the nature and consequences of healthcare decisions
• Evaluate different options and their implications
• Communicate choices consistently
• Demonstrate understanding of the planning documents

Capacity Assessment

• Capacity is decision-specific (may have capacity for some decisions but not others)
• Assessment is often conducted by healthcare providers or specialists
• The timing of assessment is critical in progressive conditions
• Some jurisdictions have specific requirements for capacity assessment
• Documentation of capacity at the time of planning may be important

Capacity Fluctuations

• Many people with dementia experience "good days and bad days"
• Planning should occur during periods of clearest thinking
• Morning appointments often yield better cognitive function
• Medication effects should be considered
• Stress and unfamiliar environments can temporarily worsen capacity

"Capacity is not always an all-or-nothing determination—it exists on a spectrum and can fluctuate," notes experts in healthcare directives online.

Essential Planning Documents for Dementia

Several key documents should be prioritized after a dementia diagnosis:

1. Healthcare Proxy/Agent Appointment

This document designates someone to make healthcare decisions when the person cannot:

Australia: Medical Treatment Decision Maker, Enduring Guardian United Kingdom: Lasting Power of Attorney for Health and Welfare United States: Healthcare Power of Attorney, Healthcare Proxy

Critical considerations for dementia:

• Choose someone familiar with the person's values regarding cognitive impairment
• Discuss specific dementia scenarios with the appointed person
• Appoint alternates in case the primary agent is unavailable
• Ensure the agent understands progressive nature of responsibilities
• Complete while capacity is clearly intact

"Selecting the right healthcare decision maker is particularly crucial with dementia, as they may make decisions for many years," explains family legacy planning.

2. Advance Care Directive / Living Will

This document outlines treatment preferences:

Australia: Advance Care Directive United Kingdom: Advance Decision to Refuse Treatment United States: Living Will, Advance Directive

Dementia-specific considerations:

• Address dementia progression specifically
• Include quality-of-life statements
• Consider staged directives for different phases
• Address artificial nutrition and hydration explicitly
• Include preferences about participation in research
• Consider video recording discussions about preferences

"Dementia-specific advance care directives should address how preferences might change as the condition progresses," advises advance health directive specialists.

3. Financial and Legal Planning Documents

While healthcare planning is primary, comprehensive planning includes:

• Financial power of attorney
• Will updates
• Estate planning review
• Long-term care insurance review
• Asset protection planning
• Government benefits planning
• Guardianship considerations

"Financial and healthcare planning should occur in tandem, as care decisions often have significant financial implications," notes online will writing.

Dementia-Specific Advance Care Planning

Standard advance directives may not adequately address dementia's unique challenges. Consider these specialized approaches:

Dementia-Specific Directives

Several organizations have developed dementia-specific planning documents:

• Compassion & Choices Dementia Directive
• Dementia-Specific Advance Directive (University of Washington)
• Values History focused on cognitive impairment
• My Wishes for Future Care (Alzheimer Society Canada)

These specialized directives typically address:

• Staged preferences as cognition declines
• Specific scenarios common in dementia care
• Quality of life definitions particular to cognitive impairment
• Feeding and nutrition preferences
• Residential care preferences
• Participation in family events despite limited awareness

"Dementia-specific directives provide more targeted guidance for the unique challenges of cognitive decline," explains experts in record medical wishes.

Video Planning Supplements

Video recordings can be powerful supplements to written documents:

• Record the person discussing their values and preferences
• Document capacity through thoughtful conversation
• Create messages for future caregivers
• Allow the person's personality to shine through
• Provide context for written instructions
• Create a record of the person before significant decline

"Video supplements create powerful evidence of the person's wishes and can guide caregivers emotionally as well as practically," advises digital legacy vault specialists.

Values-Based Planning

For those diagnosed with dementia, values statements become especially important:

• What brings meaning and joy regardless of cognitive status?
• Which abilities or activities are considered essential to quality of life?
• What cultural or religious practices should be maintained?
• How should caregivers balance safety with autonomy?
• What environments provide the most comfort?
• How important is being with family versus receiving specialized care?

"Values-based planning provides a framework for decision-making as specific scenarios arise that weren't anticipated," notes legacy preservation blog.