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Toolkit · paperwork & money

The paperwork, in the order to do it

The short answer
Why now: capacity

A dementia diagnosis does not by itself remove the legal right to sign. Capacity is tested document by document, at the moment of signing: can they understand what the document is, what power it hands over, and to whom? Many people in early and even middle dementia can still sign, but capacity fades and doesn't come back. After that, the afternoon at a lawyer's office becomes guardianship court: often $10,000+ to set up, months of delay, public record, and a judge (not the family) choosing who decides. Don't wait to be sure.

Do first: at diagnosis / early stage

An elder-law attorney (a specialty, not a general estate lawyer) can do most in one or two visits, and documents capacity at signing to protect them from a later challenge.

Do next: middle stage

  • Engage an elder-law attorney for Medicaid planning if long-term care is on the horizon. Legitimate spend-down (prepaid funeral, home repairs, paying off debt, compliant annuities) is technical, and a wrong move triggers months of ineligibility with no cap on the penalty.
  • Set up a Social Security representative payee (form SSA-11) before you need to manage their benefits. SSA does not accept a financial POA: the agencies with their own forms.

Do when the time comes: late stage

  • POLST / MOLST. A doctor-signed medical order (not a wish) that EMTs and ERs must follow: CPR, hospitalization, feeding tube, antibiotics. It closes the gap between what the family knows they wanted and what first responders do without paper.
  • Ask about hospice. Hospice covers dementia, not only cancer. It's driven by functional decline (loss of walking, speech, recurrent infections), covered by Medicare, and can be started, stopped, and restarted. The common regret is calling too late.
The one folder

Everything above in one paper folder, plus a digital copy someone else can reach: the documents, the medicine list, diagnoses, doctors and numbers, insurance cards, and the passwords that run daily life. Start it tonight with what's in the desk drawer. Keep it in a document safe or lock box, and tell two people where it is.

The agencies that won't take your power of attorney

Several of the biggest agencies don't accept a durable power of attorney: each runs its own permission system.

Verified July 2026 at ssa.gov, cms.gov, irs.gov and va.gov. Each agency's own current form governs, and the free legal help below can do all of it with you.

Money you may already be owed

The two calls, in this order

1. Your SHIP counselor (State Health Insurance Assistance Program): free, one-on-one, unbiased Medicare help in every state. They screen for everything below in one sitting and fill the forms with you. 877-839-2675 or shiphelp.org.
2. Your Area Agency on Aging via the Eldercare Locator, 1-800-677-1116: free legal help, energy-bill help, rides, and respite.

Call even if you think you earn too much. Medicare's own guidance: "Even if you don't think you qualify, you should still apply." Some states ignore some income and savings, so the federal limits below are a floor, not a verdict.

Ask for these by name

One thing that is not a discount

The Medicare Prescription Payment Plan spreads drug costs across the year instead of January, and is free to join. In Medicare's own words, it "doesn't save you money or lower your drug costs." Claim Extra Help first: that one lowers the bill.

Figures verified July 2026 on medicare.gov, ssa.gov, fna.usda.gov, acf.gov, acl.gov and lifelinesupport.org. Dollar limits change every January; the programs themselves don't.

Protect them from exploitation

Dementia is a top target for fraud: failing judgment, but still answering the phone. The theft is usually a slow bleed of small recurring transfers, so watch all year. Some fraud sells false hope instead: memory "cures" by the bottle.

One-call cleanups, done once
  • Stop preapproved credit-card mail: call OptOutPrescreen at 1-888-567-8688, or use optoutprescreen.com, the official opt-out run by the credit bureaus. Online lasts 5 years; mailing back the signed form makes it permanent.
  • Thin the catalog flood: DMAchoice.org registers a name against legitimate mailers' lists. It does not stop scam mail (criminals don't honor opt-out lists), but quieter mail makes the scams easier to spot.
Chosen family and unmarried partners: get the papers while capacity remains. Without them you may have no legal standing to visit or decide, even as a long-time partner. The medical POA, HIPAA release, and hospital-visitation authorization keep you at the bedside.

“The plans of the diligent surely lead to profit, but all who are hasty come only to poverty.”

Proverbs 21:5

If you still have a job: it has protections

The federal FMLA gives eligible employees up to 12 workweeks of unpaid, job-protected leave per year to care for a spouse, child, or parent with a serious health condition. Your group health insurance keeps running on the same terms. Dementia care qualifies.

No HR department, hourly, gig, or self-employed? FMLA may not reach you: it has employer-size and tenure tests (a flaw in the system, not in you). Respite and day programs exist so the job and the caregiving can both survive. If FMLA does cover you, your doctor fills in a certification form (details at dol.gov/agencies/whd/fmla). Talk to HR before the crisis week.