Great info as I am going through all of this right now. My husband who has dementia had not done any advance planning. Thank God for my elder care attorney. I don't know what I'd do without him.
I have seen wills changed a few times in my late husbands family. With that in mind, 15 years ago my parents made sure to have their will in shape. Now...my dad is toward end stages of Alzheimer. I am very involved with Dr. visits and meds as i am retired. 6 months ago, my mom took a fall and she is still recovering. She lost sight in one eye and had a brain injury. When that happened, I had to step in and take care of my dad while she was in the hospital...It was extremely traumatic for him. I have to explain to my mom...its time for a power of attorney (just in case). She has been forgetful and gets aggravated easily since her TBI and now has to learn to drive with one eye. So I'm doing my research so she and I understand it. Thanks...
This was amazingly helpful information. I had more questions than I thought - and they brought them all up. I am going to seek out an Elder Attorney sooner rather than later!
I wish I knew there things when my Mother needed a Nursing Home! She held everything in a joint account & I lost THOUSANDS of dollars when the Nursing Home took MOST of our money. Thank God I had an Attorney who dealt with such things & informed me he was taking over talking to the Nursing Home, it only allowed her to repeatedly start calling him the 3 rd of each month! But thanks to his information he informed me I could withdraw $10,000 per month! You should’ve heard the financial department SCREAMING that it wasn’t true ! IF it wasn’t for the exemplary Nursing care she received ? I would transferred her in a New York minute! But the $$ would’ve still drained.
I wasn’t even into this video 7 mins and I was totally overwhelmed and confused!!! Too many words ... as a caregiver I am already overwhelmed and my brain is exhausted and now all of these legal words that a “regular “ person doesn’t have a clue what they mean . Is there a POA for dummies ??? I couldn’t even finish listening to this .... 😩 I need help locally I think, it seems each state has their own rules/laws ...
This is very helpful but you jump past one of the most difficult situations disabled persons confront. A person already has a guardianship and then someone tells them they need someone with power of attorney to do something like, receive an inheritance when they need assistance in navigating that.
My great aunt is 92 years old and lives alone. She has some dementia. She was scammed out of $86,000 by someone telling her she won Publisher's Clearing House. The scammers are still calling trying to get access to her home and rental property. She will not sign a Will and I am afraid that she will sign over her property to these scammers in hopes of getting her "winnings" from PCH. I am her Power of Attorney and I wonder how I could protect her from herself.
There are LTC companies who allow benefits to be passed down if the policy holder did not need it?? Also can you elaborate any more on the protection for family member living in the home of mom with dementia. In this case, Mom is in a facility. And her son has lived there looking after her for probably 10-15 years. What can some options be, and can the POA make decisions regarding this?
On the question of caregiver that lives in the home of the patient, my mother's attorney suggested that I sell her home and my home and purchase another home in both our names. But I think that only gives me lifetime rights. At my death, I think the house would be sold and medicade would get her part and I guess I could will my part to someone. If you think the person won't need the medicare for 5 years, get their assets out of their name. You really need to go to a specialized attorney for this. An Wealth preservation attorney is who I got to help my mom out. I had already gotten a regular attorney to handle her will and POA, but decided to go back to an attorney that specialized in preserving their clients wealth in the cases like dementia. And to be honest, I think they still fell a little short of my expectations. But they were still far more thorough than the standard attorney was. The wealth preservation attorney actually gave me the legal right to invest my mom's money as I see fit. Of course it is important that you do this while the person with dementia still understands what they are doing, or it's not possible for the attorneys to do it. They asked me to leave the room and questioned my mom before allowing her to sign it. Thankfully, I got this taken care of in time. I had been trying for several YEARS to get my mom to do this because I knew she had a memory problem that was likely dementia. I would hate to know that at this point and time I still didn't have a Durable POA! It would be a nightmare! Having a Durable POA is the ONLY solace I have that gives me hope that I will be able to deal with what's ahead of me. Without it, I would feel screwed!
incompetence - does power of attorney also have the rights with this. What do we do if spouse is wanting to move the person, but doesn’t have power of attorney because they have been living apart for years.
Is it true that the husband/wife of the person with dementia is legally responsible to pay for their care center and other medical bills? Divorce is the only way to avoid paying those bills...and if the person going into the care center still has assets (like SS, pension, IRA funds, a vehicle) then those assets will be seized to pay for their expenses no matter what....I understand that there is "no free ride" but does the spouse who needs those assets to simply live/keep a home or condo/pay monthly bills get totally left out and end up on the street?
Only caregiver for father (sudden onset 2016 - death in August). I'm in a mess & don't know WHO to even ask for guidance. Dad refused medical and legal help. Guardianship proccess had begun. I was at burnout and relieved the state (not me) would handle legalities of his very small estate. When he died unexpectedly...I was unprepared, in shock. Saw an "estate specialist" atty. By October...I realized atty costs could easily be my debt by time I settle any funds left from sale of a small, neglected home. The high costs of initial visit, two 10 minute calls, and petition for admin. were shocking. All interactions uncomfortable...like "let me handle this...asking questions wastes my time and your money." I have stressed and gone further into cc debt trying to protect my father's only asset from my atty. If I ask to end my contract with atty....Does he have the ability to force me to start proccess all over with a new petition, probate period, etc... Who can I ask? ga
I have a quick question since my got accident I took care of him to the hospital to and to skilled nursing Terafy but suddenly my husband son file POA while I'm around taking care of my husband what is the best I need to do and to know?
Very difficult to get power of attorney in Canada if spouse doesn't have sound mind.I have the same problem.Possible but very expensive and takes a long time.
With a Durable POA can you represent a loved one as a Pro Per litigant when a defendant has Dementia but has been served a complaint for hospital lawsuit?
The LPA in UK has been simplified and is easy to apply for. Anyone can have a LPA, you don’t have to be sick, it’s about planning for the future. Don’t delay as it’s easier to do it when people are healthy. If the patient has dementia where they can no longer make decisions and you don’t have an LPA then it goes to the Court of Protection and that is costly, invasive and you don’t have control. Get your Power of Attorney (LPA) sorted now.
If my husband makes me his power of attorney, he has dementia from a stroke, can I then get a power of attorney and make both sons hold it together in case I become incapacitated?
My fathers ex girlfriend used him to purchase her a car. They had both lived together out of state for many years. Shortly after this purchase she told us about his condition and that she could “no longer care for him”. I got poa for my father and when I got to his bank accounts a lot of info wasn’t adding up. I later got a “renew your warranty” card in the mail for a car he does not own. Is there anything I can do legally to prove she took advantage of my father (who is now diseased)
I am not an attorney so take this opinion as just a response. Your best bet is to consult with an attorney. It’s not likely that anything can be done unless the vehicle is in your fathers name alone. When a vehicle is purchased in his name alone then it becomes property of the estate or should. If he was a co/signer then there is nothing you can do bcz she can pay on loan & provide proof of death to obtain a title in her name once loan is paid off. As for taking advantage of him while alive the only option typically is “potential Elder abuse”, but this is normally an issues raised while they’re still alive. I seriously doubt you could retroactively do anything unless she was embezzling from him & you can prove it. I’m sure statute of limitations would likely be at play too.
My 92 year old mother has stage 4 Alzheimer's. Her ability to look after herself, her home and her money, has rapidly declined since 2014. Without my brother as POA, mother would have no idea whatsoever on how to deal with her financial commitments. She does not even know what day, month or year it is and is incapable of understanding the value of money in its simplest presentation.
I have power of attorney and I also have the power of a medical and also a living will and have a policy to bury her. This is just some of the things I have on my mother
What about a far-off cousin who made himself starve attorney consecutively will and he had nothing to do with my uncle who's the multi-millionaire this guy sold two of his houses liquidated all of his assets cars boats and another house is up for sale he has changed will even though my uncle has dementia and spending all the assets nothing's been done we need help
I have dementia on meds. We have a will and Dnr. The money's are in trusts.Knowing this takes the stress off myself and family.✌
Wishing you the best on your journey, Penny! Having planning in place is a wonderful gift to you and your family.
Great info as I am going through all of this right now. My husband who has dementia had not done any advance planning. Thank God for my elder care attorney. I don't know what I'd do without him.
Hi Maria. So glad to hear that you have been able to get planning in place! Wishing you and your husband the best.
I have seen wills changed a few times in my late husbands family. With that in mind, 15 years ago my parents made sure to have their will in shape. Now...my dad is toward end stages of Alzheimer. I am very involved with Dr. visits and meds as i am retired. 6 months ago, my mom took a fall and she is still recovering. She lost sight in one eye and had a brain injury. When that happened, I had to step in and take care of my dad while she was in the hospital...It was extremely traumatic for him. I have to explain to my mom...its time for a power of attorney (just in case). She has been forgetful and gets aggravated easily since her TBI and now has to learn to drive with one eye. So I'm doing my research so she and I understand it. Thanks...
Wishing you and your mother the best, Donna! Proper planning is so important-thank you for sharing with your Mom.
This was amazingly helpful information. I had more questions than I thought - and they brought them all up. I am going to seek out an Elder Attorney sooner rather than later!
Carol-we're so glad this was helpful for you!
Time stamps are amazing! So helpful, thank you!
Great information as I start this journey with my parents
I wish I knew there things when my Mother needed a Nursing Home! She held everything in a joint account & I lost THOUSANDS of dollars when the Nursing Home took MOST of our money. Thank God I had
an Attorney who dealt with such things & informed me he was taking over talking to the Nursing Home, it only allowed her to repeatedly start calling him the 3 rd of each month! But thanks to his information he informed me I could withdraw $10,000 per month! You should’ve heard the financial department SCREAMING that it wasn’t true !
IF it wasn’t for the exemplary Nursing care she received ? I would transferred
her in a New York minute! But the $$ would’ve still drained.
I wasn’t even into this video 7 mins and I was totally overwhelmed and confused!!!
Too many words ... as a caregiver I am already overwhelmed and my brain is exhausted and now all of these legal words that a “regular “ person doesn’t have a clue what they mean .
Is there a POA for dummies ???
I couldn’t even finish listening to this .... 😩 I need help locally I think, it seems each state has their own rules/laws ...
I had to listen a couple times but it was helpful
This was so helpful. Thank you very much.
This is very helpful but you jump past one of the most difficult situations disabled persons confront. A person already has a guardianship and then someone tells them they need someone with power of attorney to do something like, receive an inheritance when they need assistance in navigating that.
Great information here,
Thank you, Gary! We're grateful to Natali for having us on to share.
I only recorded my POA for my mother with her banks. I will ask her doctor's office if I need to register it with them at her next visit.
This was SOOOO super helpful!
My great aunt is 92 years old and lives alone. She has some dementia. She was scammed out of $86,000 by someone telling her she won Publisher's Clearing House. The scammers are still calling trying to get access to her home and rental property. She will not sign a Will and I am afraid that she will sign over her property to these scammers in hopes of getting her "winnings" from PCH. I am her Power of Attorney and I wonder how I could protect her from herself.
Call your state concerning elder abuse, they will help
There are LTC companies who allow benefits to be passed down if the policy holder did not need it?? Also can you elaborate any more on the protection for family member living in the home of mom with dementia. In this case, Mom is in a facility. And her son has lived there looking after her for probably 10-15 years. What can some options be, and can the POA make decisions regarding this?
Do they have a booklet I could order
On the question of caregiver that lives in the home of the patient, my mother's attorney suggested that I sell her home and my home and purchase another home in both our names. But I think that only gives me lifetime rights. At my death, I think the house would be sold and medicade would get her part and I guess I could will my part to someone. If you think the person won't need the medicare for 5 years, get their assets out of their name. You really need to go to a specialized attorney for this. An Wealth preservation attorney is who I got to help my mom out. I had already gotten a regular attorney to handle her will and POA, but decided to go back to an attorney that specialized in preserving their clients wealth in the cases like dementia. And to be honest, I think they still fell a little short of my expectations. But they were still far more thorough than the standard attorney was. The wealth preservation attorney actually gave me the legal right to invest my mom's money as I see fit. Of course it is important that you do this while the person with dementia still understands what they are doing, or it's not possible for the attorneys to do it. They asked me to leave the room and questioned my mom before allowing her to sign it. Thankfully, I got this taken care of in time. I had been trying for several YEARS to get my mom to do this because I knew she had a memory problem that was likely dementia. I would hate to know that at this point and time I still didn't have a Durable POA! It would be a nightmare! Having a Durable POA is the ONLY solace I have that gives me hope that I will be able to deal with what's ahead of me. Without it, I would feel screwed!
Awesome!
incompetence - does power of attorney also have the rights with this. What do we do if spouse is wanting to move the person, but doesn’t have power of attorney because they have been living apart for years.
Thanks
Is it true that the husband/wife of the person with dementia is legally responsible to pay for their care center and other medical bills? Divorce is the only way to avoid paying those bills...and if the person going into the care center still has assets (like SS, pension, IRA funds, a vehicle) then those assets will be seized to pay for their expenses no matter what....I understand that there is "no free ride" but does the spouse who needs those assets to simply live/keep a home or condo/pay monthly bills get totally left out and end up on the street?
Only caregiver for father (sudden onset 2016 - death in August). I'm in a mess & don't know WHO to even ask for guidance. Dad refused medical and legal help. Guardianship proccess had begun. I was at burnout and relieved the state (not me) would handle legalities of his very small estate. When he died unexpectedly...I was unprepared, in shock. Saw an "estate specialist" atty. By October...I realized atty costs could easily be my debt by time I settle any funds left from sale of a small, neglected home. The high costs of initial visit, two 10 minute calls, and petition for admin. were shocking. All interactions uncomfortable...like "let me handle this...asking questions wastes my time and your money." I have stressed and gone further into cc debt trying to protect my father's only asset from my atty. If I ask to end my contract with atty....Does he have the ability to force me to start proccess all over with a new petition, probate period, etc... Who can I ask? ga
I have a quick question since my got accident I took care of him to the hospital to and to skilled nursing Terafy but suddenly my husband son file POA while I'm around taking care of my husband what is the best I need to do and to know?
im not in the state. im in canada so i wonder how much of this info is the same?
Very difficult to get power of attorney in Canada if spouse doesn't have sound mind.I have the same problem.Possible but very expensive and takes a long time.
With a Durable POA can you represent a loved one as a Pro Per litigant when a defendant has Dementia but has been served a complaint for hospital lawsuit?
Is this information the same in the UK Re Power Of Attorney.?
The LPA in UK has been simplified and is easy to apply for. Anyone can have a LPA, you don’t have to be sick, it’s about planning for the future.
Don’t delay as it’s easier to do it when people are healthy.
If the patient has dementia where they can no longer make decisions and you don’t have an LPA then it goes to the Court of Protection and that is costly, invasive and you don’t have control.
Get your Power of Attorney (LPA) sorted now.
Very good video! Thanx
Glad you liked it!
This is awesome
If my husband makes me his power of attorney, he has dementia from a stroke, can I then get a power of attorney and make both sons hold it together in case I become incapacitated?
Do u know other key terms for last wish
Their savings must have been spent down below $2000 "FIVE YEARS PRIOR TO" applying for medicare! That is an important factor!
My fathers ex girlfriend used him to purchase her a car. They had both lived together out of state for many years. Shortly after this purchase she told us about his condition and that she could “no longer care for him”.
I got poa for my father and when I got to his bank accounts a lot of info wasn’t adding up. I later got a “renew your warranty” card in the mail for a car he does not own.
Is there anything I can do legally to prove she took advantage of my father (who is now diseased)
Awesome!
I am not an attorney so take this opinion as just a response. Your best bet is to consult with an attorney. It’s not likely that anything can be done unless the vehicle is in your fathers name alone. When a vehicle is purchased in his name alone then it becomes property of the estate or should. If he was a co/signer then there is nothing you can do bcz she can pay on loan & provide proof of death to obtain a title in her name once loan is paid off. As for taking advantage of him while alive the only option typically is “potential Elder abuse”, but this is normally an issues raised while they’re still alive. I seriously doubt you could retroactively do anything unless she was embezzling from him & you can prove it. I’m sure statute of limitations would likely be at play too.
My 92 year old mother has stage 4 Alzheimer's. Her ability to look after herself, her home and her money, has rapidly declined since 2014. Without my brother as POA, mother would have no idea whatsoever on how to deal with her financial commitments. She does not even know what day, month or year it is and is incapable of understanding the value of money in its simplest presentation.
Janet-I'm so sorry to hear of your Mother's condition. You are so right, those documents become vitally important in circumstances like hers!
I have power of attorney and I also have the power of a medical and also a living will and have a policy to bury her. This is just some of the things I have on my mother
What about a far-off cousin who made himself starve attorney consecutively will and he had nothing to do with my uncle who's the multi-millionaire this guy sold two of his houses liquidated all of his assets cars boats and another house is up for sale he has changed will even though my uncle has dementia and spending all the assets nothing's been done we need help