My elderly father has Alzheimer's disease and can't make rational decisions. He never named a power of attorney. Is it too late?
Carolyn Rosenblatt answered:
If your father's Alzheimer's disease has progressed to the point that he is unable to understand the concept of giving you the right to make his financial decisions, it is too late for him to sign a Power of Attorney (POA).
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My mother is my elderly father's caregiver, but she fell ill and can no longer provide care. Should we get guardianship to place him in a facility or move him into our home until she gets better?
K. Gabriel Heiser answered:
If your mother is no longer able to provide care for your father and he is not competent to sign a durable power of attorney, petition the court to appoint a legal guardian and conservator.
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I am Power of Attorney for my demented and abusive elderly parents. Can I turn it over to one of my siblings?
K. Gabriel Heiser answered:
You can only pass a POA of an elderly parent to a sibling, if there is an authority in the Power of Attorney for the agent (the person given powers under a POA) to delegate powers to another person.
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My elderly aunt, with a schizophrenic son, has no legal documents in place (will, POA, etc). As her caregiver, how can I convince her that she needs to get her affairs in order – now?
K. Gabriel Heiser answered:
Many people, like your elderly aunt, are afraid to deal with wills, powers of attorney, etc. because they think it makes it more likely that something bad will happen to them.
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My sister-in-law is Power of Attorney for her mother, who has dementia. My sister-in-law lives out of state and wants to go back home, leaving us to care for her mother. It will be hard to handle things with her still as POA. Can we take legal action?
Carolyn Rosenblatt answered:
Most power of attorney documents have an alternate or "successor" POA who is appointed to serve in the place of the originally appointed one, in case he/she can't serve or doesn't want the job.
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What is the difference between Arbitration and Mediation?
Carolyn Rosenblatt answered:
Carolyn answered: Arbitration is somewhat like atrial; while Mediations are not ordered by Judges.
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I am fighting with my brother about caring for mom. What can I do?
Carolyn Rosenblatt answered:
Carolyn answered: If your family is unable to resolve disputes by talking them over in the family,
it may be time to consider an outside source of help: elder mediation.
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What is Mediation?
Carolyn Rosenblatt answered:
Carolyn says: Mediation is a way to resolve disputes by discussion and negotiation, using the help of a neutral person.
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What Is a Do Not Resuscitate (DNR) Order and how does it work?
Carolyn Rosenblatt answered:
A Do Not Resuscitate Order is a legally binding physician’s order for a patient, that no steps will be taken to restart a person’s heart when it stops or to get a person breathing again.
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What are the duties of a legal guardian for eldery parents?
Carolyn Rosenblatt answered:
The term “legal guardian” has different meanings in different states. Guardianship (or conservatorship) covers an elderly ‘s money, safety and/or welfare.
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What are healthcare directives and why does my elderly parent need it?
Carolyn Rosenblatt answered:
A document your elderly parent signs, giving someone else the authority to make health and medical decisions if your parent is unable to speak or make decisions.
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Is there a way to use my mother's assets to compensate me as her caregiver?
Carolyn Rosenblatt answered:
Possibly, depending on your situation. It is perfectly legal for your mother to pay you for getting care she would otherwise have to pay someone else to provide if you didn’t.
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