June 15, 2024
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Author: Shea Law
It’s a tragic reality that far too many people face. The horrors of Alzheimer’s and other dementia-related diseases can be devastating. They’re also all too common. The World Health Organization estimates that around 55 million people worldwide suffer from dementia. Every year brings 10 million new cases. Many of us know someone affected by dementia. Others have felt the pain firsthand through a loved one’s suffering. Even so, it sometimes takes a high-profile case to remind us how challenging—and how complicated—dementia can be.
Such a case recently hit the headlines. Comedian and former late-night host Jay Leno filed for a conservatorship for his wife, Mavis, who is suffering from dementia. As was widely reported, Mavis “has been progressively losing capacity and orientation to space and time for several years.” That decline forced Mr. Leno to file a conservatorship petition and formulate an estate plan for her. Fortunately, Mavis’s court-appointed attorney supported the petition. But the outcome wasn’t guaranteed. The court could have denied Mr. Leno the right to make legal decisions about his wife’s medical care and finances. The lesson is clear. You need an estate plan in place before you or your spouse becomes incapacitated.
The Lenos are fortunate to be in a position to address these complications. As Shea Law reminds clients all the time, the stakes are high without the right documents. Absent an estate plan, the court has final say over who manages your affairs if you become incapacitated or pass away. Consider the details of this case. At the time of initial reports, Mavis’s brother—her next of kin—had not yet been consulted. He could have objected to the filing. What’s more, this painful issue appeared in the news for one simple reason. Someone had to file publicly available court documents. Happily, the court recently approved Mr. Leno’s petition, and the family can now move forward. But the Lenos could have avoided all this publicity and uncertainty. They simply needed power of attorney documents in place ahead of time.
That’s why we work so hard at Shea Law to make estate planning accessible and convenient. It’s also why we stress the importance of planning ahead. Our attorneys make it a point to discuss these issues in detail with every client. We want to make sure you and your loved ones are prepared and protected. And we want to get you there seamlessly. In the end, you deserve peace of mind, knowing you’ve taken care of the people you love.
Mavis’s attorney might have said it best: “Estate planning is something that most everyone needs, but by the time you need it, if you don’t have it, it is too late to get it.”
The information in this blog post is based on general legal and tax rules and is strictly for informational purposes only. It is not intended as legal or tax advice. Readers should consult their own legal and tax advisors as to their specific legal or tax situation as it may require more complex analysis, or the consideration of other information.
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