Your Brain Is an Asset: Protecting Cognitive Health Through Legal Planning

When people think about estate planning, they usually think about money and assets, such as homes, savings, investments, and inheritances. But there is another asset that deserves just as much protection: your brain.

Cognitive health is central to independence, dignity, and quality of life as we age. And while legal documents can’t prevent dementia or cognitive decline, they can determine whether you remain in control if it happens.

Cognitive Decline Is Common but Not Predictable

Rates of cognitive impairment increase with age, but the timeline looks different for everyone. Some people remain sharp well into their 90s; others experience changes in their 60s or early 70s. The challenge is that by the time cognitive decline is obvious, it may already be too late to plan properly.

That’s why early planning (in your 50s and 60s) is not pessimistic. It’s practical. Let’s look at some of the necessary documents when planning for your later years.

A well-drafted financial power of attorney allows someone you trust to step in seamlessly if you need help managing finances, paying bills, or dealing with institutions. Without one, families are often forced into court-supervised guardianship or conservatorship, which is an expensive, public, and stressful process.

Just as important is a health care power of attorney, which ensures someone can make medical decisions and communicate with providers if you cannot.

The key is drafting these documents before capacity is questioned. Once cognitive impairment is suspected, banks, hospitals, and courts may reject newly signed documents.

Not every decline requires full transfer of control. Increasingly, families are using supported decision-making. That is a framework where individuals retain legal authority but designate trusted supporters to help them understand options and consequences.

This approach can be especially helpful in early cognitive decline. It respects autonomy while providing protection, and it aligns with modern views of aging and dignity. Legal planning can (and should) be flexible enough to reflect that reality.

Remember, early planning allows you to:

• Choose who helps you (instead of a judge choosing for you)
• Define how much authority agents have, and when their authority becomes effective
• Avoid unnecessary court involvement
• Preserve your voice in future decisions

Your mind is one of your most valuable assets. Protecting it isn’t about expecting the worst; rather, it’s about preserving choice, control, and independence for as long as possible. If your legal documents were signed years ago, or if you have yet to put them in place, now is a smart time to revisit them. Planning while you are healthy is one of the most empowering decisions you can make for your future self.