My Parent Was Just Diagnosed with Dementia. What Do I Need to Do Legally

A dementia diagnosis can create a narrow but meaningful legal window: the time to plan is now, while your parent can still understand choices and sign documents voluntarily. A diagnosis alone does not automatically mean your parent lacks legal capacity, but waiting until capacity is lost can leave the family seeking court-appointed authority through guardianship or conservatorship—a process that is often slower, more costly, and more emotionally demanding.

Simmons, Finney & Winfield, LLC helps families take calm, practical next steps from our Fayetteville, Georgia, and Port St. Lucie, Florida, offices. The goal is not to take control away from your parent; it is to preserve their voice, protect them, and give the people they trust the authority to help when help is needed.

Start With Legal Capacity—and Do Not Assume Too Much

Legal capacity is not an all-or-nothing label. In estate planning, the central question is whether your parent can understand the nature and effect of the document they are signing, the choice they are making, and who will be affected. Capacity can also be specific to the task at hand and may vary over time.

That means a parent with early-stage dementia may still be able to make a valid will, trust, power of attorney, or health care directive. It also means families should not wait for a “perfect” moment. Schedule a meeting promptly, ideally at a time of day when your parent is most alert. An experienced estate planning attorney can speak with your parent, assess the planning circumstances, and ensure the documents reflect their wishes.

The Five Documents to Put in Place Immediately

A thoughtful plan should be tailored to your parent’s assets, family, health needs, and state of residence. In many situations, these five documents deserve immediate attention:

Will. A will names the person responsible for administering an estate and directs how property passes at death. It does not give anyone authority to manage finances during your parent’s lifetime, but it remains an essential part of a complete plan.
Revocable living trust. A properly drafted and funded trust can provide for management of trust assets if your parent becomes unable to manage them and may help avoid or simplify probate. Creating the trust is only part of the work; accounts, real estate, and other appropriate assets must be coordinated with it.
Durable financial power of attorney. This document authorizes a trusted agent to handle permitted financial and property matters. Review the authority carefully, especially for banking, real estate, benefits, taxes, gifting, and trust-related transactions. Learn more about Powers of Attorney.
Health care decision-maker document. This appoints the person your parent wants making health decisions if they cannot make or communicate them. Georgia and Florida use different documents and terminology.
Advance directive. This records treatment preferences, including choices about life-prolonging treatment and other important care decisions. It gives loved ones direction at an already difficult time. Review our Advance Directives resources.

Georgia Planning: Advance Directive and Durable POA

For Georgia families, the Georgia Advance Directive for Health Care is a central document. It can name a health care agent, state treatment preferences, and express a preferred guardian if a court proceeding later becomes necessary. It replaced the older separate living will and durable power of attorney for health care forms for new planning.

A Georgia durable financial power of attorney should be drafted and executed with the formalities required by Georgia law. It is a separate financial document—not a substitute for the health care directive. Elizabeth Williams Winfield, Esq. can help Georgia families evaluate the document choices, select appropriate agents, and make sure the plan is coordinated rather than pieced together.

Florida Planning: Health Care Surrogate and Durable POA

In Florida, a Designation of Health Care Surrogate lets your parent appoint someone to receive health information and make health care decisions as authorized. Florida law has specific witness requirements; the surrogate cannot serve as a witness, and at least one witness cannot be the principal’s spouse or blood relative. Your parent may also name an alternate.

Florida’s durable power of attorney must clearly remain effective despite the principal’s later incapacity. It can be an indispensable tool for financial management, but it must be executed before incapacity and should grant the right powers for your family’s needs. Evett L. Simmons, Esq. can help Florida families create a plan that complies with Florida law and works in real life.

If Capacity Is Already Lost: Guardianship and Conservatorship

If your parent can no longer validly sign planning documents, an adult child does not automatically gain authority to make health, housing, or financial decisions. Court involvement may be necessary.

In Georgia, the probate court may appoint a guardian to make certain personal decisions and a conservator to manage property and finances. A petition, notice, evidence of incapacity, and court review are generally required. Georgia law favors the least restrictive arrangement appropriate to the person’s actual needs.

In Florida, the circuit court process generally begins with a petition to determine incapacity and may lead to appointment of a guardian over some or all delegable rights. The court examines whether less restrictive alternatives—such as a valid durable power of attorney or health care surrogate designation—can address the problem. These proceedings are sometimes necessary and protective, but advance planning can often reduce their scope or avoid them.

What If Your Parent Refuses to Plan?

Approach the conversation with respect. Avoid framing it as “taking over.” Instead, explain that the documents protect their independence and let them choose who helps, rather than leaving those decisions to a judge. Ask what matters most to them: staying at home, protecting a spouse, avoiding family conflict, or making sure someone can speak with doctors.

If they refuse, do not pressure them into signing. Coercion can create serious legal problems. Ask whether they would be comfortable with a private conversation with an attorney, trusted physician, clergy member, or financial professional. If there are immediate safety or exploitation concerns, seek legal guidance promptly.

Questions to Ask at the First Attorney Meeting

Does my parent appear able to complete estate planning now?
Which powers should the financial agent have—and which should be limited?
Would a revocable living trust help, and which assets must be transferred into it?
Who should serve as primary and backup agents?
What should we do with existing wills, trusts, beneficiary designations, and powers of attorney?
If planning is no longer possible, what court process is appropriate in Georgia or Florida?

FAQ

Does a dementia diagnosis mean my parent cannot sign legal documents?

No. A diagnosis alone does not decide legal capacity. The relevant question is whether your parent understands the particular document and decision at the time of signing.

Can I use a power of attorney after my parent loses capacity?

Yes, if it was validly signed before capacity was lost and is durable. You generally cannot create a new power of attorney after your parent no longer has legal capacity.

Do I need both a will and a trust?

Often, yes. A trust can manage assets during life and after death, while a will addresses property outside the trust and other essential directions. The right structure depends on the family.

What should I bring to the consultation?

Bring existing estate-planning documents, a list of assets and debts, account and insurance beneficiary information, names of likely agents, and questions about your parent’s care and living situation.

How quickly should we act?

Contact an attorney now. Acting promptly creates the best opportunity to document your parent’s wishes while they can still participate meaningfully in the process.

At Simmons, Finney & Winfield, we work with Georgia families from our Fayetteville office at (678) 788-6030 and Florida families from our Port St. Lucie office at (772) 873-5900. Visit Contact to schedule a consultation. Time matters — let us help you protect your parent while there is still time to plan.

This article provides general information, not legal advice for a particular situation. For guidance tailored to your family, explore our Estate Planning services and speak with an attorney.

My Parent Was Just Diagnosed with Dementia. What Do I Need to Do Legally — and Fast?