Q + A: Does Mild Cognitive Impairment Mean It’s Too Late for Estate Planning in Oregon?

Reader Question:

"My mother was recently diagnosed with mild cognitive impairment. She still manages her daily life just fine, but her doctor said things may change over time. Is it too late for her to update her estate plan in Oregon, and where should we even start?"

Answer:

Thank you for asking this question, because so many families are quietly wondering the same thing. Please take a deep breath: In most cases like your mother's, it is not too late at all.

A diagnosis of mild cognitive impairment does not automatically mean a person lacks the capacity to sign legal documents. What matters is whether your mother understands what her documents do and what she owns at the time she signs. Since she is managing daily life well, there is a good chance she meets that standard today. The wisest move is to act soon, while the choice is still fully hers.

Start with a conversation, not a stack of paperwork. Ask your mother what matters most to her: Who she trusts to handle her finances, who she wants speaking with her doctors, and how she pictures her care. Her answers will guide everything else.

From there, an attorney can help her update or create the essential documents, including a durable power of attorney, healthcare directives, and possibly a revocable living trust. Getting these documents in order now may spare your family from ever needing a court-appointed guardian, which is an outcome everyone hopes to avoid. One more gentle suggestion: Bring her doctor's contact information to the meeting. In some situations, a letter confirming capacity at the time of signing can provide valuable peace of mind for the whole family. We are here whenever you are ready. Send us an email or set up a call today.