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I know I can receive the answers to my questions through the web. Since many of you have gone through what I am just going through. Thought I would get my questions answered quicker. Mom is living with us. What am I to be? Guardian,Trustee,Power of Attorney. I handle all of moms financial matters. Do I require to go to a lawyer for this.

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If you have siblings, involve them by discussing this with them. Share these responsibilities if possible, to create checks and balances. Doing so could save you a great deal of stress down. If everyone is clear on the management process for your parent's finances and information is shared, the lower the probability you and your siblings will clash about these matters later on.
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Do everything you can to avoid having to be legal guardian, which requires lawyers, enormous legal fees and the approval of the court to do just about anything. The way to go about this is to establish powers of attorney before dementia sets in. Once dementia sets in, it's unlikely you can get a POA and you'll have to go to court for guardianship. A painful, awful process that will drive you nuts.
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Be very careful about the guardianship that makes you like a parent or a child. Meaning you are totally responsible for what ever that person does. If that person is still able to drive a car and wrecks it you can be held responsible. etc. get the idea???? If your mom might at some point go into a nursing home and she owns property. Get that property in your name 5 years before she goes in just incase she ends up on medicade. If not they can force you to sell the property and give them the money from the sell or they will take the property for the price of her care. They can also, take any money she might have in the bank for her care. These are things you must find out while she can tell you. Having a trust is one way you can put money away that is not counted against her being in a nursing home. But, that money can not be used as long as she is alive. Unless it is used for her care while in a nursing home. It is very tricky. Now as a caregiver you can receive payment each month if your mom agrees to it and you get licensened to care for her. You do need to have POA and if you get a checking account be sure it is a joint account. That way if she should pass away the account can still be used by you to pay for burial expenses. The account is not closed like it would be if only you are signed on her account. You really only want guardianship if say she goes into a nursing home and they are not treating her like you think they should. You have no right to say anything as long as she can tell them what she wants. If they ask her do you want to go somewhere with this friend and she says yes but it is someone you would not want her to go with. Guess what the nursing home says ok go with your friend if you want to we don't care have fun. There is nothing you can do to stop the nursing home from letting your mom or dad leave that nursing home with who ever they want to. Unless you have guardianship. Then with guardianship you can stop them. Plus, you can ask for different doctors or what ever you think is best for your parent. You are like their voice. You have become them in the eyes of the law. Yet you also, have become responsible for anything they do. If they get hurt at your home because, you didn't buy a gate to put up at the top of the stairs to keep them from falling then you could be put in jail. There is a lot to go along with being a guardian. Even something as simple as if they have trouble drinking liquid and you forget to put enough thickener in their drink and they choke. You could be charged with senior abuse. lolol Think long and hard before guardianship. Good luck!
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You don't mention if she has dementia, so I will stick with having a POA and Trustee should be good enough. You can get those forms in a CD at Office Depot - called My Attorney. There is lots of good stuff on that CD. I have it too.
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Agree with previous posters- POA for finances and health care is a must and a joint bank account essential. Also to keep track of your own expenses if she has an estate to reimburse you after she has passed. If she has dementia and she probably does if she depends on you for her financial matters, then you need to get her evaluated in order to get guardianship, which may be necessary down the road. My mom has a trust and interest is placed in her bank account every month which goes toward her expenses (I am on the account so I can pay her bills, pick up her medicine, etc.). Also make sure she is covered by whatever policies she has in place, including Medicare. Good luck!
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My Mom has lived with me for 6 years now. Years ago when my Dad was still living we saw a lawyer after he needed nursing home care. We had cared for him for 9 years after a stroke. The lawyer turned out to be a joke, too long a story. So after a bad experience we saw an elder care lawyer who walked us through all the necessary paperwork for what we needed for my Mom. I have power of attorney for health care and her finances. It makes it so easy to be able to sign her paperwork and write checks etc. it is an investment of time and money but it was worth it for us. Do your homework before you see someone but an attorney with eldercare law helps with your specific needs and what your states laws are also.
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You should have power of attorney officially, so you can write checks, etc... on her behalf. You should also get a living will of some kind so her end-of-life choices are clear and no one can block your carrying them out should she become incapacitated. If she has a lot of money - investments, property - talk to a lawyer you TRUST about your/her options to protect that money and to properly dole it out for her care while she's alive, to reimburse you for expenses you incur taking care of her, and for dispersing it after she's gone, as she wants or would want (if she can no longer express that).
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Give us some information. How old is your mother? How is her physical health? Her mental health? What is her income? Does she own property? What assets does she have? Does she have established relationships with doctors, specialists? What does she expect from you? Do you have siblings?
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