Alzheimer’s – Settling the Affairs of Someone With Alzheimer’s or Dementia

HNW Elder Law

By Fredrick P. Niemann, Esq. a NJ Power of Attorney Lawyer When addressing the affairs of a person with Alzheimer’s or Dementia disease, it is important to make sure that he or she is able to continue with their normal life.  Thus, a Power of Attorney and Health Care Directive can be a powerful assistant. Undoubtedly, important decisions will have to be made.  You will have to decide who will get the power of attorney over another person’s affairs.  You will also have to decide what type of long-term care arrangements should be made for the person.  You will also have to have someone make health care decisions that are necessary, and give him or her power of attorney to …

Can a Person With Alzheimer’s or Advanced Dementia Legally Sign a Last Will Before Death?

HNW Elder Law, Will Contest and Probate Litigation

If an adult in NJ is legally incompetent and does not have an existing Last Will, is there a process for having a Will prepared or does the estate of the Alzheimer’s patient follow NJ’s Intestate laws? This question and the legal issue it raises comes up fairly often. Generally, when the adult is far into dementia, and/or Alzheimer’s, the family (generally the children) will want to avoid having the estate go into probate. Pursuant to NJSA 3B:12-49, a court does not have the power to make a will for an incapacitated person. If no Will has been executed prior to incapacity, then the estate goes to beneficiaries by the law of intestacy. However, depending on the value of the …

The Unpredictability of Alzheimer’s Disease

HNW Elder Law

Fredrick P. Niemann, Esq., an Elder Law Attorney So often, when working with families who are struggling to care for a loved one with dementia, the most frustrating part is the uncertainty of the condition from day to day.  A recent case in another state highlights that very clearly. Verne Gagne was a prominent professional wrestler in his day with the American Wrestling Association, in the 1960’s and 70’s.  He eventually lost his big stars, such as Hulk Hogan and Jesse Ventura, to the World Wrestling Federation. He is now 82, and suffers from Alzheimer’s disease, residing in a nursing home.  That is where he had an altercation with a 97 year old resident and put a wrestling move on …

10 Million Boomers Will Develop Alzheimer’s, Report Predicts

HNW Elder Law

Alzheimer’s disease will strike one in eight U.S. baby boomers, meaning that 10 million boomers will develop the mind-wasting disease, according to a new report by the Alzheimer’s Association, the 2008 Alzheimer’s Disease Facts and Figures. The report predicts by 2010, there will be almost a half million new cases of Alzheimer’s disease each year, and that by 2050, almost a million new cases will surface each year. Whereas today someone in America develops Alzheimer’s disease every 71 seconds, by mid-century someone will develop Alzheimer’s every 33 seconds. Women are nearly twice as likely as men to develop Alzheimer’s disease (17 percent vs. 9 percent). The likelihood of developing Alzheimer’s doubles every five years after age 65. “Unchecked, this disease …