My Dad Was Just Diagnosed With Dementia. What Do I Do First?
A Florida family's first thirty days, in the order that matters
The feeling most people describe to us is not grief yet. It is a quiet dread: something enormous just became your responsibility and no one handed you the instructions. You are doing arithmetic in your head at eleven at night.
You are probably not too late. In Florida, the thirty days after a dementia diagnosis are some of the most valuable a family gets, because almost everything that protects your father has to be signed by him, and right now he still can.
Days 1 to 7: ask him, while he can still tell you
A diagnosis does not flip a switch. Florida's Power of Attorney Act defines incapacity as the inability to take the actions needed to manage property and benefits (Fla. Stat. 709.2102), and early Alzheimer's disease does not automatically meet that definition. Capacity is judged decision by decision.
So week one is a conversation, not paperwork. Who does he want handling the money? Who should make his medical decisions, which need not be the same person? Where does he want to live for as long as it is safe? Write his answers down in his own words. Those sentences settle arguments among brothers and sisters later.
Days 7 to 21: the four signatures
- Durable power of attorney (Fla. Stat. 709.2105). His signature, two witnesses, a notary, effective the day it is signed (Fla. Stat. 709.2108). The powers that matter most in a crisis, including gifts and beneficiary changes, exist only if he initials next to each one (Fla. Stat. 709.2202).
- Health care surrogate designation (Fla. Stat. 765.202). Two adult witnesses, no notary. He can authorize his surrogate to decide right away, without waiting for physicians to declare him incapacitated.
- Living will (Fla. Stat. 765.302). His own instructions about life prolonging treatment, so no one has to guess for him in a hallway at two in the morning.
- Preneed guardian designation (Fla. Stat. 744.3045). Signed before two witnesses and filed with the clerk of the court, it tells a judge whom your father chose if a guardian is ever needed.
Review the will, the deed, and every beneficiary designation at that same appointment, and bring your father with you, because he is the one who signs. Our power of attorney guide covers each requirement.
Days 21 to 30: gather the paper while it is still easy
No one wants to think about nursing home costs in month one. Do it anyway. Florida reviews the 60 months before a long term care Medicaid application, and a gift or a below value transfer creates a penalty calculated with the state's transfer divisor, $10,645 as of August 2026 and adjusted each January, April, and July. So build one folder now: five years of statements, the deed, vehicle titles, insurance policies, and every beneficiary designation.
Do not put the house in your name yet
The Florida homestead is already excluded from countable assets for eligibility, and deeding it to a child can create both a transfer penalty and a capital gains bill your family would not otherwise owe. Moving accounts into a child's name is exactly what the 60 month review is built to find. There are lawful ways to protect the house, and which one fits depends on your father's facts. Our Medicaid look back guide explains them.
The conversation about driving
It comes up in the first month, and it is usually the hardest one. In Florida, a physician, or any person who knows of a driver's medical condition, may report it to the Department of Highway Safety and Motor Vehicles, which can call the driver in for reexamination. The report is confidential and the law protects whoever makes it (Fla. Stat. 322.126). The doctor is usually a better messenger than a son or daughter.
What waiting costs
If capacity goes before those documents are signed, no one can sign them for him, and no notary can fix it afterward. What is left is a petition to determine incapacity (Fla. Stat. 744.3201): an attorney appointed for your father, a three member examining committee, proof by clear and convincing evidence, and a judge deciding which rights come off (Fla. Stat. 744.331). It repeats every year, paid from his own property (Fla. Stat. 744.108). Our page on when a parent has dementia walks through all of it.
Three calls to make this month
- His physician. Ask that the diagnosis, the date, and the stage go in the medical record, and ask for a memory disorder clinic referral.
- The Elder Helpline, 1-800-963-5337. Florida funds respite care for caregivers, and respite is what keeps you standing.
- Your brothers and sisters. One point of contact, one monthly update. Most family fights we see began as a bookkeeping question no one answered.
Bring us what you have, even if it is one folder and a lot of questions
Estate & Elder Law Counsel is a Board Certified elder law firm in Orlando, working in English and Spanish. The 30-minute phone consultation is free, and your father is welcome with you. We will tell you honestly what can still be signed. Call (407) 610-5595. This article is general information about Florida law, not legal advice, and does not create an attorney client relationship.
This article is general legal information for Florida families, not legal advice. Every situation is different; talk with an attorney before you act.
Sources
- Fla. Stat. 709.2102, Power of Attorney Act definitions, including incapacity
- Fla. Stat. 709.2105, execution of a power of attorney: signature, two subscribing witnesses, notary
- Fla. Stat. 709.2108, a Florida power of attorney signed on or after October 1, 2011, is effective when executed
- Fla. Stat. 709.2202, authority an agent may exercise only if the principal signed or initialed next to each specific enumeration
- Fla. Stat. 765.202, designation of a health care surrogate, two adult witnesses, no notary, authority exercisable immediately if the principal so stipulates
- Fla. Stat. 765.302, procedure for making a living will
- Fla. Stat. 744.3045, preneed guardian designation, two attesting witnesses present at the same time, filing with the clerk, rebuttable presumption
- Fla. Stat. 744.3201, petition to determine incapacity
- Fla. Stat. 744.331, procedures to determine incapacity, the three member examining committee, clear and convincing evidence, and the less restrictive alternative requirement
- Fla. Stat. 744.108, guardian's and attorney's fees paid from the property of the ward
- Fla. Stat. 322.126, reports of medically unsafe drivers to the Department of Highway Safety and Motor Vehicles, confidentiality, and immunity for the reporter
- 42 U.S.C. 1396p(c), the look back for transferred assets, 60 months for disposals made on or after February 8, 2006
- Florida DCF ESS Policy Manual, Chapter 1600, the sixty month look back, penalty computation, and excluded assets
- Florida DCF ESS Policy Manual, Appendix A-9 (July 2026 edition), transfer of asset divisor and asset limits
- Florida Department of Elder Affairs, Elder Helpline, 1-800-963-5337






