Follow
Share

My Dad suffers with dementia.

This question has been closed for answers. Ask a New Question.
Find Care & Housing
wow I never realise how much power the state have over us when we are alive and even more so when we lose mental capacity, and why because we vote for a government.
Helpful Answer (2)
Report

KayBransford's experience is exactly what I had--even though my parent's had their lawyer draw up all the documents naming me as not only POA (fin and health) but Executor AND Trustee, at each of their 4 financial places, I had to be present WITH my mom (dad has dementia) and BOTH of us had to sign in many many places, BEFORE these institutions would accept me as able to be POA, and this is even WITH THE POA, which had cost several grand to get, from a lawyer. I did not mind one bit, because they should be this protective of my parents. Other people here on AC have complained about having to jump tbru hoops--whining that they should be able to do everything with just that POA document. So I'm just saying, even if you CAN get a valid POA, you better go to the bank, the investment office, the mortgage place, etc, all of the POA'S listed people AND your Dad, and sign all the bank's paperwork as well. If you don't, you might be in trouble Later.
Helpful Answer (2)
Report

As part of the POH document, a "Activating and De-Activating A Power of Attorney for Health Care" form/sheet may likely be needed. Many agencies we interact with want to see this document before discussing anything dealing with the health, or financial matters for that matter, of our care receiver. You can ask your care receiver's primary care doctor to fill one out and give you a copy. Ours is an Aurora Health Care Document X20558 (10/02). We have both siblings listed on the POA & POH.
Helpful Answer (0)
Report

Cmagnum-yes he was expensive-but our dysfunctional family dynamics needed this- even so Brother is still causing major problems and we've got a whopper going on now.
Helpful Answer (1)
Report

A Financial Durable Power of Attorney with language that will allow the agent the ability to alter an estate plan in order to qualify for government long term care benefits.
That is the ability to re-title property into another name, including the POA's, to meet asset and income requirements of the program.
There would be other powers as well and you need to consult with an Elder Law Attorney near you, just make sure this is their primary practice area. To find one go to www.naela.org, and put in your zip code and the number of miles from your location.
Medical POA, with HIPAA language, and a separate HIPAA release, a Living Will, Directive to Physician or documents in your state for end of life planning.
You may also consider a revocable living trust, it can allow you to handle financial affairs as a Trustee as opposed to a POA. The accounts and other property would need to be retitled in the name of the trust.
Be careful of accessing someone's accounts online without the proper authority to do so, I have seen at least one case take the offender to court and prevail.
On line, DIY forms are not going to do much good if you have to qualify him for Medicaid or VA benefits. Get professional help, once you need a great estate or disability plan it is usually to late, and Guardianship can be an expensive legal nightmare.
Helpful Answer (2)
Report

An elder law attorney should be able to assist you. You would need a durable poa for medical and financial, this way you can make medical and financial decisions. Hopefully the person is clear enough to discuss and complete a poa.
Helpful Answer (0)
Report

Sounds like yours was very complicated and extremely expensive!
Helpful Answer (0)
Report

I should also mention that $7000 fee includes filing (when time comes) Medicaid app+follow thru as well as VA Pension paperwork.So his work is not done.
Helpful Answer (0)
Report

My Dad is in NJ and the Elder Attorney wrote up,General(covers all bases),Realestate(2nd home needs to be sold)and Healthcare(also Will-price$7000) We re-did them Jan 14 and by Nov they will no longer accept Dad's signature as they feel he does not understand (and my brother is influencing him to take his original choice POA(me) off at least Real estate as he Is trying to buy 2nd hse for way under current value-another story for another time)
Helpful Answer (1)
Report

I have had two durable powers of attorney. It is not a silver bullet for every situation - no matter how up-to-date or comprehensive it is. However, everyone over 18 should get one because it works for most situations, but with financial institutions it can be difficult. I had one financial institution refuse to accept it because it was over 2 years old another because it was over 5 years old. With dementia, you need it to work for possibly a decade. Thankfully, the doctor deemed my parents competent enough to get a new one. Guess what - the bank let me use it in one instance but not another saying the sentence giving the right didn't start with my mom's name. I can have the lawyer right a letter so we have a way to follow-up, but just know that in some cases -- usually mostly with banks -- it can be refused and having a lawyer dedicated to estate or elder law maybe needed. Best of luck. Given that my parents planned for this in advance by doing a complete estate plan, it's frustrating to learn of the roadblocks you can face when you need it to work. It's the reason I advocate that people organize their papers and consider setting up online access so the person who they appoint as power of attorney can act on their behalf when they need to.
Helpful Answer (1)
Report

There are only two POAs. You need both.

1. Durable POA

2. Medical POA

The key question in this situation is competency.

If he's not competent due to his dementia, then you can't get either POA and must file in court for guardianship with the medical testimony of two doctors saying that he is no longer competent to handle his business in a business like manner.

I hope it is not too late because the other route is very expensive and involves going before a judge in court.
Helpful Answer (3)
Report

It probably depends on where your dad lives. In NJ, there is a general POA and a medical proxy/"living will" which would be required. Consult with an elder law attorney. AND...there is the question of whether or not your dad is competent to sign legal documents. If not, you will have to seek those powers through the court at considerable expense.
Helpful Answer (1)
Report

I think it explains it all here..... dailymail.uk/money/pensions/article-2938541/Why-lasting-power-attorney-help-look-legacy.html#newcomment
Helpful Answer (1)
Report

Please consult with an elder attorney on this one. If he has already been diagnosed with dementia, he may not be considered competent to give you a POA for anything. You may have to look into a conservatorship or guardianship. If you check with your Area Agency of Aging (or the equivalent in your state), they usually have a list of people that specialize or you can consult a legal aid group in your area if you have limited financial funds. It depends on whether he is considered to be competent at this point. Good luck to you on this journey.
Helpful Answer (2)
Report

This question has been closed for answers. Ask a New Question.