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If she has diagnosed dementia, you will likely need to see an elder law attorney or estate attorney. You may even have to go to court. Legal advice is likely to be necessary, anyway.
believe it or not, it is easier than you think. I am my father's P.O.A and have D.P.O.A and I was able to obtain these through the hospital by talking to a social worker there. they had all the papers ready the next day and my father signed them knowing he was unable to care for any legal or financial obligations any more. I am sure if you call her Dr. and ask if he can give you a referral to the social worker at your hospital, you will obtain these very easily as long as your mother is in agreement.
I believe your mother needs to be of "sound mind" to be able to agree to sign over Power of Attorney to you. I am not sure what you can do if that is not the case. btw: I do not think the term "senile" is used anymore...
Lilliput, Thank you so much for telling me the term "senile" was not used anymore, I am sure that will help me a lot, knowing that I used the wrong term
You are so welcome...good luck with your mother. Financial planning, etc. is just another "thing" caregivers have to deal with. I hope your Mother's dementia is not too advanced. Lilli
Alot of this depends on what your overall family situation is. If you and your siblings are all in agreement on mom's care then doing a simple form like from the social worker should be fine. As long as everybody is all kum-ba-ya.
However if mom has been diagnosed with dementia, she does NOT have the cognitive abilities to do a DPOA. So it could be challenged in court.
You are best spending the money and seeing a elder law attorney. You should get a DPOA, MPOA, "incapacity in case of guardianship" statement done also. When you go take her will, funeral & burial and financial statements too so he can evaluate them too. Good luck.
My Mother has late stage Alzheimers and can no longer sign her name. I have seen a lawyer and am trying to get a Guardianship so I can legally take care of her affairs. It will cost about $1,500.00, but if there is no one to contest, it should go smoothly. The best way is to get Power of Attorney before they get they are so advanced.
You might need guardianship instead if she really can't give POA . Just having a little memory loss or "mild cognitive impariment" would not rule out her giving you a POA, but if she realy can't do it legitimately, go for the guardianship. The expense for a good eldercare attorney will pay off later - you want one who knows medicare/medicaid in your state like the back of his/her hand - I found an excellent one jut around the conrner from me, by looking up and reading web sites and blogs where you could tell they knew their stuff or not.
This is tough because usually you are not suppose to have them sign if they are not thinking with a clear and stable mind. I would try downloading a form from legalzoom or http://powerofattorneyform.com and see how far you can go.
My 93 year old father has a sister who is 86 years old who is in a coma. There is no power of attorney. My father has verbally relinquished her care to a handyman who is going to have the sister moved to a medical assistant living hospital. There are no legal documents that have been drawn up which shows this transfer. Does the handyman have any rights or is my father still responsible since he is her only living brother.
L7777 that's one wild story! The medical folks should not be dealing with a non-family member without even a HIPAA release. Not sure what they will do with her at the facility (not sure exactly what type of facility you mean) if she is unconscious, but without a valid advance directive it may not be what anyone really wants for her.
My has decided to remove himself because he does not want to do anything. He says that he is to old but he does drive even though he's 93. Anyway, he figures that giving the hospital's case worker the verbal approval to the non-family member absolves him of doing anything. The non-family member is supposed to get her into a place that handles medical conditions. She is unconscious, on a breathing machine and all possible avenues of helping have been exhausted. As I mentioned this person does not have any legal right or guardianship. Wouldn't the hospital be legally responsible if they released this comatose person to anyone let alone a facility? This situation is just unbelievable.
My mom had 3 stokes and can't get around by her self any more or bath herself by herself, and she's incontinence, has eye sight problems so she can't see to sign anything,or work a motor chair I have to push her around in a wheelchair. How do I become her POA?
Granny, your husband can appoint you to be his POA as long as he is of clear mind. If yes, then call around to the different Elder Law Attorney offices in your area to see if they have an Attorney who can go to the hospital [or where ever your husband is staying] to see if a POA could be drawn up.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Take care,
Carol
btw: I do not think the term "senile" is used anymore...
Lilli
However if mom has been diagnosed with dementia, she does NOT have the cognitive abilities to do a DPOA. So it could be challenged in court.
You are best spending the money and seeing a elder law attorney. You should get a DPOA, MPOA, "incapacity in case of guardianship" statement done also. When you go take her will, funeral & burial and financial statements too so he can evaluate them too. Good luck.
Next question - what is in place for your dad??