Legal issues and dementia

A diagnosis of Alzheimer's disease or another dementia often raises some important legal and financial issues for the future. The person with dementia should be involved in these decisions as long as he or she is able and willing to be involved.

  • Obtain professional legal advice as soon as possible. Early in the course of the disease, the person with dementia may be capable of participating in legal and financial planning.
    • Provincial and local bar associations will be able to provide the names of lawyers practising in your area who deal with these issues.
    • The Department of Justice (http://canada.justice.gc.ca) can provide information on provincial legal-aid plans. The Alzheimer Society of Canada (http://www.alzheimer.ca) may be able to help you find legal assistance at low cost.
  • As soon as possible after the condition is diagnosed, talk about writing an advance directive and assigning a substitute decision-maker. These documents will ensure that the person's wishes for medical care, especially life-sustaining treatment, are in writing.
  • Locate documents necessary to assess the legal and financial affairs of the person. These include wills and trusts, prior tax returns, health and life insurance policies, pension information, deeds, mortgages, bank accounts, and information on other financial investments.
  • Review the ownership of the person's property. Discuss with your attorney the implications of transferring assets.


Author: Jeannette Curtis
Douglas Dana
Last Updated: August 21, 2007
Medical Review: Martin Gabica, MD - Family Medicine
Andrew Swan, MD, CCFP, FCFP - Family Medicine
Peter J. Whitehouse, MD - Neurology

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