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It's quite rare for a family member to be held liable for an elderly parent who is injured or killed while living alone. In order for a family member to be held liable, he or she must be a caregiver with direct responsibility for the senior's health and wellbeing.

In reality, when someone is diagnosed with Alzheimer's disease or dementia, they are not immediately considered incapacitated or of unsound mind. A legal determination of whether someone is incapacitated needs to be made by a court. There is no presumption or immediate trigger based solely on a medical diagnosis.

Cognitively, a person might be unable to completely understand the complexities of a medical decision but yet clearly and consistently be able to indicate that they wish to be in a relationship with each other. Legally, the capacity to consent is assumed unless proven otherwise.

What are filial responsibility laws? Filial responsibility laws were enacted to guarantee that the elderly are cared for after they are unable to care for themselves. When old people are unable to care for themselves, their children must take care of them. Filial responsibility laws are only found in 30 states.

The person living with dementia maintains the right to make his or her own decisions as long as he or she has legal capacity. Power of attorney does not give the agent the authority to override the principal's decision-making until the person with dementia no longer has legal capacity.

The specifics of a case will determine whether or not changes to a will can take place, but in general, a diagnosis does not make an existing will invalid nor will it make any changes invalid.