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My elderly mom has power of attorney for my elderly aunt who lives in assisted living, but we need help figuring out her finances and selling her home. Will an elder care attorney help us?

Asked by BrownNorway1  |  Dec 29, 2009

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My elderly aunt has recently broken a hip and we've just moved her to assisted living (after 2 mon rehab). She is expereincing memory loss. My mother (also elderly) has power of attorney, but where do we go from here. Need to sell home, figure out finances and future. My aunt does't get it. Will an elder care attorney help us? Where to turn?

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Sheri Samotin, Jan 11, 2010

Sheri Samotin brings more than 25 years of business and management experience to LifeBridge Solutions. She is a National Certified Guardian and a Certified Daily Money Manager. Sheri is a graduate of Wesleyan University and holds an MBA from Dartmouth College.

 

All the points raised above are good. You may not need an attorney if the issues are "business" issues, rather than legal ones. Assuming the POA is valid, what you really need is help thinking through all of the decisions. One of the critical questions is the timing of selling the assets -- does your aunt need the money now to pay for the assisted living, or are there other assets that will last for awhile? Is the house fully paid for, or is there a mortgage? Have you created a budget that shows how your aunt will pay for her care and how long those resources will last? If not, you'll need help with this too. Are there other sources of money, like a long term care insurance policy that might be paying benefits now?

I'd suggest that in addition to considering elder care attorneys to help with these issues that you consider a family transition coach or consultant who is familiar with these sorts of decisions.

-- Sheri

 
 

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K. Gabriel Heiser, Jan 11, 2010

K. Gabriel Heiser is an attorney with over 25 years experience in elder law and estate planning. Heiser is the author of "How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets," an annually updated practical guide for the layperson. Visit www.MedicaidSecrets.com for more info.

 

As an elder law attorney myself, I would want to be sure all of the financial aspects of paying for your aunt's care have been thought through. Selling her house may be a big mistake--or not, depending on your state's laws, her other money, state of her health, her age, etc. It's rarely a simple answer and definitely not a one-size-fits-all solution. While visiting with the attorney about the foregoing, your questions about the power of attorney (including, as Crowmagnum mentioned, a discussion of a healthcare power of attorney).

 
 

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tashapig

Give a Hug

Jan 11, 2010

I would contact "A Place for Mom", even though it sounds like your Aunt is already in assisted living. You will be assigned an advisor who can help you with this process, a world of difference when you don't know whom to turn to. I had one on one phone conversations with an individual who helped with so much of the paperwork, and follow-up calls. They are there to help, not to sell you a product.
Marie

 
 

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anonymous11306

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Jan 11, 2010

This is a sad situation. Have you had your aunt evaluated for being incompetent to handle her own affairs? Legally, you mother is the one with the POA, so you may need to assist her in selling that home, figuring out the finances, and her sister's future. Did your aunt put down any provision for a back up POA in case your mother was not able to fulfill her role? If not, you probably need an atty to look over the POA document and adjust it accordingly. All that I've said assumes that your mother has Durable POA and is competent mentally to make such business decisions. Does your mother have Medical POA for your aunt as well. BTW, has your mother given you POA over her. If not, this is a good time to do it.

 
 

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195Austin

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Jan 11, 2010

I was very lucky to be recomanded to a great elder lawyer and I had to pay a retainer which was fair ahe he was so great and understanding and helpful I would reccomand this action you need someone who is on your side and knows the laws and understands how overwhelming all this can be to you.

 
 

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