Where to find information and legal help for my friend who takes care of her aunt?

All depends on her financial status. Has she made someone her POA? If so, that person should be handling her finances and medical. If her income is small she maybe able to get help thru Medicaid. You need to know her finances though. Have the niece contact them for an evaluation. He really needs to talk to sons though.

Janski88, why not ask your friend to come on-line, that way we would be able to gather more information, thus clear up any questions we might have.

There is just one thing I have to add to what GardenArtist wrote. In-home healthcare is prescribed by her doctor. Any other in-home care would be paid out of pocket unless she is on Medicaid or VA assistance, where there may be some money available.

I have a bit of unsettled feeling about this, as all the information is coming from the other person and you would be acting on that, without any independent verification. Some things to consider:

1. What exactly is involved in "overseeing"? Is he providing medical, semi-medical, financial care? Help with homemaking?

2. How well do you know this friend? Are you in touch regularly? Is this the first time he's mentioned this? How long has he been caring for his aunt?

3. The two allegedly nonparticipatory sons who "live in another" area - as in how far away from their mother? Five miles? 10? 100? 1000? Maybe they're simply not close enough to be involved.

4. The woman "because of her sons, knows nothing about any insurance, Medicare or medicade." This raises a red flag to me. Why would she not be able to learn about these topics b/c of her sons?

If they have no contact, how are they preventing her from ordering materials, calling, or other forms of research as to what insurance coverage is available? This just doesn't make sense to me and makes me wonder if your friend is skewing his comments in favor of himself and against the son.

5. No mention is made of her financial situation. What kind of legal help does he or she need? Estate planning? Medicaid consultation? Is she able to pay for this help?

6. He can't get her in home care b/c of legalities and her sons. This is a tougher issue.

Who determined she needs in-home care? If your friend is "overseeing" but feels she needs this care, I'm wondering how involved he is, how he's making this determination, if he's working himself and has his own funds, if he's living there with her....what is the situation?

If her sons are proxies pursuant to a nonspringing POA, then he has no authority to make any decisions or manage her finances. This may be what you're referring to, that he wants to do so but is prevented b/c of lack of legal authority.

7. I think you're a very concerned, sincere person, but I would hope that you know this friend very, very well before becoming involved even in finding assistance. Something about this just doesn't seem right; there have been a number of similar posts of people attempting to intervene in a family situation, and it's difficult to sort out the real truth of whether the intervention is needed or just deliberate.

If I were you, I'd ask for a lot more detail, and definitely do not get involved in offering any advice or in any other manner that could drag you into a family feud. The brothers could turn against you if they thought you were meddling.

On the other hand, if he really does need help:

1. Legal help whether in estate planning or elder law practices, is easy to find. Is he seeking guidance on selection or on paying for legal services?

2. What other help does he/she need, besides in-home care? More specifics would help people offer more tailored suggestions.

3. What are her limitations? Can she walk? Is she bedridden? How much care she needs makes a big difference in the level of intervention of a nephew.

Is she mentally competent? If so, she is still in control of all her affairs; not her sons. Then, she can still make all her own decisions regarding health insurance etc, seeking advice if she chooses. "In her late sixties" indicates that she is Medicare eligible (age 65), and probably would want an additional Medicare Supplement, unless she's low-income enough to qualify for MEDICAID as her health care "insurance". Medicaid would then provide her coverage, instead of MEDICARE. If she chooses, she can fill out appropriate legal documents to name your friend as her "Power of Attorney".

Is he in communication with the sons? If it is a situation where they really don't want anything to do with her, perhaps he could talk to them and explain that all he wants from them is legal permission to take care of her affairs. If she is still mentally able, she can let him handle affairs, the sons aren't in play until she is incompetent, a court recognizes that, and they are given control. IMHO and experience currently with a non family member that I take care of.

Find a local care manager, senior advisor or social worker. Ask the doctor to provide home care, so a nurse and social worker can sort through her medical insurance and make sure she has proper coverage for the area in which she lives. Advantage plans are not all the same and do not cover a lot of comprehensive care. Some Advantage plans are good in one geographical area, but is not accepted in another. Prior to selecting, make sure the doctors, hospitals, facilities and home care take the particular insurance that is being chosen. Medicare covers the most. Medicaid is state and federally funded and needs to be applied for when there are not enough funds to pay for care services.

Tell him to call APS. They can legally take protective custody of her and see that proper care is provided.