The month of April is Parkinson’s awareness month. Over 1 million people in the United States (and 2% of people older than 65) have Parkinson’s Disease. Parkinson’s is a progressive degenerative disease that affects the way that the brain produces dopamine, causing symptoms in the rest of the body as cells in the nervous system gradually break down.

Progressive means that Parkinson’s symptoms gradually get more severe over time - no one can predict which symptoms each person will experience or how serious those symptoms will become. There are 5 generally recognized stages of Parkinson’s, with accompanying symptoms that run the gamut from tremors, difficulty forming facial expressions, and loss of balance to more serious symptoms that may require nursing care. Planning for incapacity is important for anyone, but with a Parkinson’s diagnosis, it is crucial to make a plan so that you are prepared for life changes that may occur during each stage.

Preparing for Incapacity: Capacity is not an “on/off” switch. There are many levels to capacity, and elder law attorneys are uniquely situated not only to meet clients at whatever level they are on, but also to formulate solutions to present and future challenges presented by a diagnosis at any stage. To prepare for possible incapacity or progression of symptoms you should organize your financial information, life insurance policies, stock accounts, etc. Find out exactly what you have, where it is, and who to contact for access.

Powers of Attorney: The first part of any plan for incapacity, and especially planning for the progression of a disease like Parkinson’s is to get good Power of Attorney documents in place. Many of the uncertainties caused by a degenerative disease can be solved with a Durable General Power of Attorney for Finances and a Healthcare Power of Attorney and Healthcare Directive (Living Will) that memorializes your healthcare wishes ahead of time, so that they can be followed if you become incapacitated and unable to make medical decisions for yourself. This is especially important if you hold specific religious beliefs that prevent you from consenting to any type of treatment or medication, or if you have strong feelings about not wanting to be kept alive in a vegetative state with no hope of recovery.

Be aware that Power of Attorney documents are revocable at any time by you, can be changed at any time by you, and that they do not take any power away from you - the person you name as your agent cannot act against your wishes. Signing a Power of Attorney just makes it possible for someone else to act in your place, sign documents for you, and make decisions for you if you are unable to. Make sure that you consult an attorney with experience preparing these types of documents, and it is not recommended that you print a “one size fits all” form from the internet - those “DIY” forms will not meet the specific statutory requirements for your state, and chances are those documents will not be as effective as you need them to be when it counts !

Revocable Living Trust: You might want to consider a Revocable Living Trust that will allow someone you trust ( a Trustee that you choose) to take over the management of your finances and property at the time that you become incapacitated, or have reduced capacity to manage your affairs. With a Revocable Living Trust, you have a lot of flexibility to decide what powers your Trustee will have, and at what point you’d like the Trustee to take over.

Medicaid planning: If symptoms have progressed to a stage where long term care is required, and you don’t have the resources to pay approximately $90,000 per year for long term care, then an elder law attorney can talk about what your options will be to preserve assets at the time that you are “in need” and about to enter a facility. If you are more than 5 years out from needing Long Term Care, you may be able to plan around Medicaid’s 5 year look back period to preserve additional assets.

These are just a few of the tools and types of planning available to someone planning for incapacity. For a holistic evaluation of your situation, you should contact an experience elder law attorney for a consultation to develop a plan that meets your unique needs.