Facing “Inheritance” and “Wills”: 3 Legal Documents You Must Clarify with Your Parents in the Early Stages of Dementia

When a parent is diagnosed with dementia or cognitive impairment, while they still have mental capacity, it is essential to clarify three legal documents as soon as possible. First, a “will” (known as a “peace paper” in Cantonese) sets out the distribution of the estate, the executor, and any trust arrangements, to avoid future inheritance disputes.

Second, an “Enduring Power of Attorney” (EPA) authorizes a trusted family member to handle bank accounts, property, medical care, and asset management; it remains valid even after the person loses mental capacity, and is less time-consuming than applying for a guardianship order.

Third, an “advance medical directive” and end-of-life care plan state whether to accept CPR, intubation, and other interventions, reducing family disputes. When drawing these up, a lawyer should act as witness, and a doctor should assess mental capacity. If dementia has already reached the middle stage, the court may only grant a guardianship order, and one cannot make a will independently. Planning one’s estate early and making good use of an Enduring Power of Attorney is the greatest protection for both parents and family.