Helping a Parent With Dementia: What Utah Families Need to Know
When a parent begins experiencing dementia or memory problems, it can be difficult for the entire family. You may notice they are forgetting to pay bills, struggling to make decisions, or having trouble managing everyday responsibilities.
Naturally, you want to help. But what can you legally do? Can your parent still create a trust? Can you manage their finances? What happens if their spouse is unable to help? Fortunately, Utah families have several options.
Three Important Steps to Protect Your Parent
When helping a parent with dementia, we recommend focusing on three important areas:
- Protect your parent. Make sure someone trustworthy can help with financial and medical decisions when necessary.
- Protect your family. Have clear legal arrangements in place to reduce confusion, disagreements, and unnecessary court involvement.
- Protect their resources. Find solutions that fit their financial situation. Not every family needs an expensive estate plan.
The best approach depends on your parent's mental capacity, existing legal documents, and financial circumstances.
1. Can Someone With Dementia Still Create a Trust?
Yes, in some circumstances. A dementia diagnosis does not automatically mean someone can no longer sign legal documents.
The important question is whether the person still has the mental capacity to understand the decisions they are making.
Under Utah law, creating a revocable living trust requires the same level of mental capacity as creating a will.
Someone in the early stages of dementia may still be able to create a trust, especially if they understand their property, family relationships, and how they want their assets distributed.
A trust can help ensure that a trusted person manages certain assets if the parent becomes incapacitated. It can also make things easier for the family to distribute assets after the parent's death without having to go to court.
However, not everyone needs a trust. If your parent has limited assets, simpler documents may provide the protection they need.
Learn more: Utah Code § 75B-2-601 — Capacity to Create a Revocable Trust and Utah Code § 75-2-501 — Testamentary Capacity.
2. A Financial Power of Attorney May Be the Most Important Document
One of the best ways to protect a parent with dementia is through a durable financial power of attorney.
This document allows your parent to choose someone they trust to help manage their financial affairs.
Depending on the authority granted, that person may be able to:
- Pay bills and manage bank accounts.
- Handle insurance and financial paperwork.
- Manage property and other assets.
- Pay for medical expenses and everyday needs.
For example, imagine a mother who has dementia and can no longer manage her bank accounts. Her husband is also struggling with health problems and cannot manage the finances.
If she still has the necessary mental capacity, she may be able to appoint an adult child to handle her finances instead.
Utah law recognizes that a person may have enough capacity to choose someone to manage their finances even if they cannot understand every detail of financial management.
This can be particularly helpful for families dealing with early or moderate dementia.
Learn more: Utah Code § 75A-2-105 — Execution of a Power of Attorney.
3. What Happens if Your Parent Can No Longer Sign Legal Documents?
If dementia has progressed to the point that your parent no longer has the necessary mental capacity, they may not be able to create a new trust or financial power of attorney.
But there are still options.
First, check for existing documents. Your parent may already have a financial power of attorney or trust that allows someone to step in and help.
If no appropriate documents exist, the family may need to consider obtaining a guardianship or conservatorship.
Guardianship allows a court-appointed person to make certain personal care decisions for someone who can no longer make those decisions safely.
Conservatorship allows a court-appointed person to manage someone's finances and property. For example, an adult daughter could potentially be appointed to manage her mother's finances and pay her bills.
Both options involve the court and may require ongoing reporting.
Utah courts generally encourage families to consider less restrictive alternatives before pursuing guardianship or conservatorship.
The goal should always be to protect your parent while allowing them as much independence as possible.
Learn more: Utah Code § 75-5-304 — Guardianship and Limited Guardianship and Utah Code § 75-5-401 — Conservatorship and Protective Proceedings.
4. Who Can Make Healthcare Decisions for a Parent With Dementia?
Financial decisions are only part of the picture. Families also need to consider who will make healthcare decisions if their parent becomes unable to do so.
An advance healthcare directive allows someone to appoint a trusted person to make medical decisions when needed.
For example, a mother might choose her adult son or daughter to communicate with doctors and make healthcare decisions if she cannot make those decisions herself.
Utah's updated healthcare decision laws, effective January 1, 2026, recognize that someone may still have the capacity to appoint a healthcare decision-maker even when they struggle to make more complicated medical decisions.
If a parent can no longer appoint someone, Utah law also provides circumstances where family members may serve as healthcare decision-makers without requiring guardianship. A spouse generally has priority over adult children, subject to exceptions and any higher-priority person identified by the individual.
Communication difficulties do not automatically mean someone lacks capacity. Appropriate accommodations may help a person understand and express their wishes.
Having the proper documents in place can make a difficult situation much easier for the entire family.
Learn more: Utah Code § 75A-9-102 — Capacity for Healthcare Decisions and Utah Code § 75A-9-111 — Default Healthcare Surrogates.
The Most Important Thing Is to Start With What Your Parent Needs
Every family is different. Some parents may still be able to complete a trust and other estate planning documents. Others may only need a financial power of attorney and healthcare directive.
If dementia has progressed, the family may need additional legal assistance to protect their loved one.
Disclaimer: This article provides general educational information about Utah law and is not intended as legal advice. Every family's circumstances are different. Consult with a qualified attorney regarding your particular situation.