Memory Loss & Elder Law — What You Should Know

June is Alzheimer’s and Brain Awareness Month, drawing attention to the different types of cognitive impairment that so often occur as a part of aging. Millions of people in the US have some form of pronounced memory loss. Mild cognitive impairment is not necessarily dementia, but most cases of dementia start there, so its presence should not be ignored. In many cases, dementia can be monitored and treated, making awareness important.

Memory loss can be complicated and affect several or all types of memory: sensory, short-term, working and long-term. Any or all of these memory types can be affected by the four common forms of clinical dementia: Alzheimer’s disease, Lewy body dementia, vascular dementia and frontotemporal dementia.

Types of Memory

Sensory Memory – Sensory memory involves using sight, sound, taste, smell or touch to briefly capture and store information until it becomes definable by the brain. Then, in a flash, it is transferred to short-term memory. For example, the first time you smell coffee, your brain creates a sensory memory that will likely last forever.

Short-term Memory – This refers to memories collected within the past few seconds to the past few days. Most of us have had the experience of walking into a room and forgetting what our motive was, or blanking on the name of someone we just met. However, instances in which a person asks the same question or repeats a story within a single conversation suggest a possible problem. The loss of short-term memory is one of the initial symptoms of dementia.

Working Memory – In lockstep with short-term memory, working memory utilizes stored information to organize thoughts, develop plans, solve problems, etc. It helps maintain information long enough to deliver a speech or pass a test. Working memory can be adversely impacted by dementia.

Long-term Memory – Long-term memory comprises the vast cache of memories from childhood to a few weeks ago. As people develop cognitive decline, long-term memories are usually the last to become compromised. Some people can suffer losses of the other types of memory and maintain surprisingly sound long-term memories, such as those from childhood. In advanced dementia, however, even long-term memories can be lost.

While each type of dementia comes with its own characteristics, any can cause progressive memory loss, confusion and an inability to make sound decisions about one’s own interests, including personal, medical and financial. Dementia may be caused or aggravated by genetics, illness, injury and certain lifestyle habits, making it a possibility everyone should plan for.

Plan Now for a More Secure Future

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The Elder Law team of McLin Burnsed is highly experienced in helping clients prepare for the unexpected, so they are amply protected and assured the greatest level of security and comfort, whatever may come.

By taking steps now, you can be confident that your choices and decisions will be implemented just as you wish, no matter what may occur. Legal planning can include establishing specific healthcare directives, long-term care measures, the designation of trusted loved ones to act as Powers of Attorney to implement medical, financial and personal property directives, and securing Medicare, Medicaid or Veterans benefits, and so on.

As part of your planning, your Elder Law attorney can assist you with assessing your total assets and deciding on which documents you may need drafted or secured, including wills, trusts, powers of attorney, real estate deeds, life insurance policies, health insurance, long-term care insurance, etc. Your attorney will also create a contact list of the family members, partners, friends, caregivers, financial planners – whomever you specifically designate – to execute your specific wishes and plans. Your named designees can address not only your healthcare priorities, but also ensure that your insurance, mortgage, family support, debts and bills are paid on time. By designating those you entrust to make the right decisions should you ever become unable, you can avoid confusion, disruption and bureaucracy. Of course, your planning remains fluid over your lifetime, with changes made easily to accommodate evolving developments.

As with, say, homeowner’s insurance, cognitive decline planning is something you hope is never needed and there simply to provide peace of mind. But should it ever become necessary, solid planning can protect your security, comfort and assets, and give valuable decision-making power only to the people you trust most.

If you or a loved one should start thinking about smart planning for the future, the Elder Law team of McLin Burnsed is here to help. Our experience can make what seems complicated a reasonable, reliable, streamlined process.