Elder Law Terms and Legal Documents Defined

Elder Law Terms and Legal Documents Defined

Ashley Huntsberry-Lett Updated
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My mother in law has been in hospital for over a month now. However she is getting better and wants to go home. She is not incapacitated she can make her own decisions and is more than capable of taking care of responsibilities such as any finances she has or bills. Her oldest daughter has a dual P.O.A. However her daughter is trying to make all the decisions for my mother in law and she is trying to make all choices for mom and she is not making the best ones for her especially regarding healthcare decisions. Also recently it was brought to my attention that the daughter got this document signed while mom was sick and under the influence of mind altering meds. What I would like to know are a couple if thing please???? First as long as mom is not incapacitated can her daughter overrule her decision???? If my husband moms son feels as well as myself and the other daughter feels the same way and we all know is harming mom and we feel her decisions are not in the best interest of my mother in laws health what can we do as a family to stop the daughter from making any decisions over anything. The daughter has got her to sign papers including this POA document while she is under the influence of medications. I have witnessed myself. My mother in law signed a DNR of her own free will and Dr and Nurses all say she is competent and can make her own choices and her daughter tried to tell mom and all involved that they had to talk to her first. Dr said no we don't your POA doesn't trump your mom. So here is the other question. My mother in law wants to go home when able. The daughter is saying she is going to put her in a long term care facility. Mom has people in place already to take care of her and they have her best interests at heart. I am one of those people and I have been at hospital say in and day out. I have medical experience and also have worked very closely with the elderly. Plus mom asks me about everything medically and even though she knows what's what she asks my medical opinion. Mom and I have talked about care when she gets home and she has specified that she wants me right there with her. Drs and nurses have told me personally that mom has got better in the past three weeks I have been there than she ever was. Mom told me the other day that she has to make sure I stay healthy because if something happened to me she was dead and gone. So please tell me what I can do to insure her health is where it needs to be and that her wishes are kept and her decision is final. Thank you in advance and I apologize for such a long comment. I am just trying to look out for my mother in laws best interests and honestly her daughter is not in it for those reasons she is only doing this for her own personal and financial reasons. Like I said earlier in not alone in this there are 2 other siblings as well as her best friends who have been taking care of her finances for 3 months now and still are but they also do not believe she needs to be on P.O.A they are the ones who have been taking care of her at home and when she asked for me I have been there since. She even has all she needs at home as far as any type of shower chairs etc. So we have all this in place even have a home healthcare ready to go pretty much but I am just to the point I have reached the end of the rope as far as I can. My husband is so distraught over this that he doesn't know exactly where to turn. Again I'm sorry for ranting.... Thank you all for listening, lol.
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My Ex signed a power of attorney from VA when I had 5 strokes. She had been raping my checking and savings account for 2 years. I wouldve never known about until the account bounced 3 times. She kept the money i only looked back seven months and well over 10,000 dollars and somewhere a purchase for 5000 dollars. I need to turn this over to welfare the miracle happened she has been disabled and bed ridden for over a year. Even wearing depends every day. She invited a guy over for sex and walked in on her. Threw her out. Can I be directed to someone that can advise me. I dont know the law but stealing 10K is a felony that she put all this money into another account she had made up. Will VA help me ? they have yet to answer my request for help.
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At some point, you will need to tell his daughters and tell them that you have the documents.
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Check out the library, there are many books etc. on POA's etc. that can help you. Just make sure it covers all issues. We were able to get our POA signed and notarized, and witnessed at a major hospital in Baltimore who provided the service.
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I am my moms POA. I do a good job of it too. I live nearby and help her in all ways. My brother lives many states away and is money hungry and jealous. Whenever he comes in to town he causes trouble. He now wants her to change it to a duel POA to include both our names. Mother has the beginning sighs of dementia and the doctor states that she is not competent to change her will of which he wants changed too. I do not as I am respecting her wishes. He has made threats to get a lawyer to fight me. He is manipulating her to change his mind to do what he wants. These tactics seem verbally abusive to me. Also he is on oxecodon sp?. I believe this is altering his attitude. Could I get a restraining order to prevent him from verbally abusing and manipulating mother? Help! Things need to stay like they are.
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My brother lived out of state. Recently my mother made me POA. Now he feels left out even though we let him know what is going on with her. He is now tryi g to make threats on me if I do not allow her to change it to put his name on it too. I really love my mother and take care of her. How can I stop this from happening? He upsets and manipulates my mother when he is in town. I have even thought about getting a restrai ing order on him if he sees her. Can I do that? He is verbally and emotionally abusive to her.
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A POA ends with the person's death.
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Is there such a thing as POA after death?
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Medicaid often resorts to Guardianship to acknowledge requests from DPOA, so make sure your state clarifies this- my Mother has 'selective' diminished capacity to pass the buck to me regarding legal or insurance issues- she instructs the inquiring party that "she is a busy person, so contact my daughter."
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This is a very important subject.Before you take on the responsibility of caring for a parent be sure and have all legal documents your parents made reviewed by an attorney. Do not end up in the role of caretaker only to find out an uninvolved sibling can make the final health or financial decisions because of previously drawn up documents by your parents. Only take on the care taker role if you have full control over all decisions. Do this BEFORE you start being the caretaker.
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