Hi! I'm a senior care specialist trained to match you with the care option that is best for you.
- Get personalized guidance from a dedicated local advisor.
- Get an easy-to-understand breakdown of services and fees.
- Our service is 100% free to use - no hidden costs.
By clicking
Talk to a Specialist, you agree to our
privacy policy and
terms and conditions. Our team, or our partner providers, may contact you via a system that can auto-dial. Your consent is not required to use our service.
The hard part is over.
I'm matching you with one of our specialists who will be calling you in the next few minutes.
Don't want to wait?
Skip to the front of the line by calling (888) 887-4593.
An attorney or notary basically has discretion if there is no medical evidence that mom is not able to handle her own affairs. If such a finding has been made you still might find professionals who will particpate but those who take their obligations to heart will not.
If, because of incompetency it is not possible to re-state/re-draft documents, there are alternatives to meet the families requirements. For instance: Keep in mind that trust provisions only apply to assets that are titled in the name of the trust. If you have a valid POA it is possible to remove funds from the trust and have them deposited in a bank or brokerage account under mom's name with a POA to have authority over the account. You can then name beneficiaries for the account (Payable on Death or Transfer on Death) that may be different than trust beneficiaries. This will avoid probate (as the trust does) and provide for beneficiaries (as the trust does).
Similarly, keep in mind that assets will be governed by an existing will only if they are not devised by some other means. For instance, bank accounts can be titled to name a Payable on Death beneficiary as mentioned above. This will prevent those assets from being devised by probate (and the will). Life insurance policies and annuities also permit direct beneficiaries as do IRA's (if such assets exist make sure the beneficiary is not mom's "estate" or proceeds will revert back to the provisions of the will) .
The key to this is to always be certain you are acting in the best interest of the principal (your mother). If you have siblings or other family members who may be affected by your actions it is equally important that you keep them informed.
With respect to emergency alert systems it is astounding how fast the technology is progressing. Lo Jack as well as others now have not only falling sensors but have units that are GPS enabled in case of elopement (wandering, etc.) as well. Check out some of the DME suppliers on this site.