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Maryan Asked December 2015

Do we need an elder care lawyer?

Trying to arrange rehab and LTC for aunt who has only Medicare Part A.

Louise210 Jan 2016
Bettyb21what advice did
he give you ?

bettyb21 Jan 2016
I had two meetings with an elder care lawyer when my mom went to a nursing home. it was a great help. It was not that expensive and he gave me great advice about what I had to do to get things in order.

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UncleDave Jan 2016
you say they are "living at my home" you better have a good elder affairs lawyer and better have all estate and POA documents in place.

igloo572 Dec 2015
Someone needs to have DPOA & MPOA for your aunt to be able to legally do anything. So was this done & who was named? They are the point person.

If not, then if she is cognitive and capable, she can name a DPOA MPOA. An elder law atty will make house calls even at a NH.

But if she is not capable, that's a whole other more complex situation which will need for a guardianship to be done. Not to sound harsh, but if she has not close to you & you were not involved in her life before & she has no assets it may be best to have her become a ward of the state. For family to go the guardianship route it will run maybe 5 -7k to be done and require require accounting to the court by the guardian. Plus you will have to reconstruct her finances, etc to determine how she will pay for her stay. This could be simple or a total cluster to deal with. Most areas have a list of vetted guardians that a court appoints from...they know the system & can get a placement or service done ASAP. Emergency ward of the state guardianships are pretty common & the social worker at the hospital will know what to do. Although they will try to press upon family to take responsibility......

So what is the pre existing legal situation for your aunt?

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