Legal Decision-Making for Seniors with Mild Cognitive Impairment (MCI)

Mild cognitive impairment (MCI) poses unique risks for elder care planning, since seniors with the condition are often still able to make decisions. However, MCI can rapidly worsen, leaving the afflicted senior eventually unable to make decisions and advocate for themselves. When a person begins to suffer from MCI, it is essential to understand their legal ability to make decisions for themselves and to prepare for possibilities like Alzheimer’s and dementia.

MCI Can have an Impact on Legal Decision-Making

MCI affects cognitive functions, such as memory and reasoning.  However, it doesn’t fully impair a person’s decision-making ability. However, those with MCI are vulnerable. They may struggle to understand complex details or be more susceptible to external influences, creating an increased risk of legal complications. Courts may recognize their decision-making abilities in some cases. However, this varies depending on individual circumstances.

Essential Legal Tools to Protect Seniors with MCI

Specific legal tools are available for seniors with MCI to safeguard their autonomy and security:

1. Financial and Healthcare Powers of Attorney (POAs): Establishing a Financial and a Healthcare POA allows a trusted individual to make decisions on behalf of someone with MCI. It is critical to arrange this while the individual with MCI can still consent and designate someone they trust.
2. Living Will/Advance Directive: A living will or advance directive provide instructions on end-of-life care.
3. Wills and Trusts:  A Will is important to be prepared while the individual with MCI has the ability to name their heirs and Executors, while trusts can help manage and preserve assets. Both tools help honor a person’s choices, even if cognitive decline progresses.

Safeguarding against Potential Exploitation

With MCI, seniors are often at higher risk for undue influence or financial abuse. Setting up legal protections early helps minimize this risk. Reviewing legal arrangements with a trusted attorney can ensure that only reliable individuals have authority over the senior’s decisions. Regular check-ins and legal reviews are also used to adjust for cognitive changes.

Family’s Role in Decision-Making for Seniors with MCI

Family members can be instrumental in protecting loved ones with MCI. When families stay actively involved in the senior’s life, they can better monitor for signs of cognitive decline. However, this can also be a delicate balance, as family involvement must respect the senior’s desire for independence. Collaboration among family members, alongside trusted legal and healthcare professionals, can offer a well-rounded support system.

Recognizing When Legal Intervention Becomes Necessary

When MCI progresses to dementia or another condition that significantly impacts decision-making, legal intervention may be unavoidable. Families might need guardianship or conservatorship if the individual with MCI failed to have prepared and sign the aforementioned documents, where a court grants them authority over the senior’s legal, financial and healthcare decisions. However, pursuing these steps early—before significant cognitive decline—allows the senior more influence over the process.

Start Planning for Mild Cognitive Impairment Today

While living with mild cognitive impairment is challenging, there’s a great deal you can do to secure your future and that of your loved ones. Our law firm can help you start by scheduling an estate planning consultation.

Key Takeaways

• Financial Power of Attorney safeguards seniors' decisions: Seniors with MCI can assign trusted individuals to make decisions, if they can no longer do so themselves.
• Healthcare Power of Attorney and a Living Will align future care with current wishes: Seniors can lose their decision-making abilities if their cognitive impairment worsens; plan to secure your wishes.
• Trusts honor individual preferences: These tools manage assets, ensuring that choices are respected as MCI progresses.
• Family support mitigates risks of exploitation: Family members' involvement can prevent financial abuse and provide an additional layer of security.
• Legal intervention may be necessary with advanced cognitive decline: Guardianship or conservatorship can protect seniors’ interests, if MCI develops into dementia and proper documentation has not been completed

Reference: Elder Tree Care (2024) "Mild Cognitive Impairment and Legal Decision-Making"