what an eldercare attorney should do before your mom goes into assisted living

by Brady Stokes Jr. 5 min read

When should you hire an elder care attorney?

Nov 01, 2021 · 2. Ensuring a durable power of attorney is in place. If your loved one has a condition such as Alzheimer’s or another type of dementia, you may worry about their ability to make decisions regarding their care. An elder law attorney can work with you and your loved one to prepare a durable power of attorney. This allows an appointed person to make medical or …

Do you need an elder law attorney for power of attorney?

Jul 29, 2021 · It’s the agent’s job to make sure the principal — in this case their aging parent or loved one — is well cared for. Most seniors may need multiple types of power of attorney. An elder law attorney can help your aging relative determine the right combinations for their needs.

What is an elder law attorney called?

According to Harry Margolis, the founder of Boston-based law firm Margolis & Bloom and founding president of ElderLawAnswers, families should consider seeking an elder care attorney when you begin to anticipate a need for long-term care of a loved one, or if you are wondering how to qualify for government benefits. If you’re worried about a time when you can’t take care of …

Do I need a power of attorney for my Parent’s care?

There are many approved methods of moving your mother into assisted living, all of which are contingent upon your mother actually wanting to move into assisted living. We’re not going to talk about any of those, because they don’t apply, and because in the words of a wise man, "The greatest contribution to knowledge consists in removing ...

What to do when you can no longer care for an elderly parent?

When you can no longer care for elderly parents, a home care company can help. Professional caregivers can relieve the stress of family caregiving and begin supporting aging parents at home.Sep 21, 2020

What documents do you need for aging parents?

Document checklist for elderly parentsDurable power of attorney for health care. A power of attorney allows a person to act on another's behalf in legal or business matters. ... Medical directive (living will) Denise Lett / Shutterstock. ... A will. ... Durable power of attorney for finances. ... Revocable living trust.Mar 20, 2018

How do you make decisions for aging parents?

If you're facing a difficult situation, here are a few tips to consider:Listen to your parents. Hear out their concerns about their future before making a decision.Find common ground. See what you and your parents can agree on—for instance, that Dad isn't safe to drive anymore.Address the emotions involved.Aug 7, 2018

How do you tell mom she needs assisted living?

Keep everything two-way, this is not a lecture but a conversation with family. Highlight all the amenities of an assisted living community when talking to your parents about assisted living. Show respect to your parent within the conversation and don't ever talk down to them no matter their age or mental state.Aug 6, 2021

What do I need to make medical decisions for my mother?

Important Medical and Legal Documents for CaregiversHIPAA Authorization Form. The Health Information Portability and Accountability Act (HIPAA) provides legal standards for keeping a person's health information and records private. ... Medical Power of Attorney (POA) ... Advance Care Directives.Nov 1, 2021

Can family members be held liable for allowing an elderly parent to live alone?

Can family members be held liable for allowing an elderly parent to live alone? It is very rare that a family member is held accountable if an elderly parent refuses help and chooses to live independently.Aug 3, 2021

How do you get power of attorney for elderly parent with dementia?

The LPA forms need to be signed by someone, apart from your chosen attorney, to state that you have the mental capacity to make an LPA. The forms also need to be witnessed. You then need to register each LPA with the Office of the Public Guardian. Either you or your attorney can do this.

Who makes medical decisions if there is no power of attorney?

The legal right to make care decisions for you If you have not given someone authority to make decisions under a power of attorney, then decisions about your health, care and living arrangements will be made by your care professional, the doctor or social worker who is in charge of your treatment or care.Mar 30, 2020

How do you make a tough decision?

Key points – How to make a difficult decisionUnderstand why some decisions can be so hard. ... Avoiding a decision is in fact a decision. ... Identify the parts of yourself that want different things. ... Create distance from the decision. ... Think outside the box. ... List out your objectives.More items...•Jan 5, 2022

How do parents deal with assisted living?

If your parent is being well cared for, then let the facility do its job. The bulk of your loved one's care is the nursing home's responsibility now. Visit often, advocate for them, and do small things to brighten their day and make their life easier, but then move forward with your own life.

How do you approach an elderly parent about assisted living?

When speaking about assisted living, use positive, non-threatening words. Refer to assisted living as a “community” rather than a facility. Talk about “condo-style living” rather than “rooms.” Highlight the activities, amenities and social opportunities rather than the personal care.Nov 24, 2021

Can Social Services put my mother in a home?

If you're thinking can social services put my mother in a home – don't worry. In most instances they will arrange a care assessment and if there is a strong preference to remain at home they can arrange for a carer to attend the person's home at regular intervals to provide them with the care they need.

Can I Sign an Assisted Living Contract for My Mom?

As the population ages, the use of assisted living facilities to provide long term care for aging parents increases. Often, adult children are asked to sign the admission contract on behalf of a parent who will reside in the assisted living facility.

Do I have the authority to sign the contract?

The answer to whether an adult child can sign an assisted living facility contract on behalf of a parent is most often yes.

What are my legal obligations?

Even if an aging parent is capable of signing an assisted living facility contract, some facilities may require an adult child to sign the contract in addition to the parent. Is important when signing to understand the legal obligations you might be creating and rights you may be waving on behalf of yourself or your elderly parent.

Why do seniors need a power of attorney?

Here are a few reasons seniors may feel it’s time to set up a power of attorney: Financial responsibilities. If your aging relative has a hard time staying on top of financial obligations, or is in danger of overspending their savings, it may be time to establish a financial power of attorney.

When does a springing power of attorney go into effect?

Springing power of attorney. A springing power of attorney is executed in advance, but doesn’t go into effect until a senior receives a declaration of incapacity. Seniors who want to maintain autonomy as long as possible may prefer a springing power of attorney.

How long does a power of attorney last?

You may be wondering how long a power of attorney lasts. Typically, there are four situations that would render most powers of attorney null and void. A POA is no longer in force: 1 If you revoke it 2 If you become mentally incompetent 3 If there is an expiration date 4 If you pass away

What is a POA?

A power of attorney (POA) is one way to ensure that no matter what happens down the road, your loved one’s wishes will be prioritized. A POA is one of the most important documents for elderly parents and grandparents, but it’s one that many families haven’t prepared.

What is a power of attorney?

A power of attorney is a document, signed by a competent adult called “the principal,” that grants a trusted individual the power to make decisions on their behalf if the principal is unable to. The person designated to act in the principal’s best interest is called “the agent.”.

Can a senior choose a power of attorney?

A senior can choose one agent for general power of attorney and another for medical power of attorney. Or they can choose multiple agents for both. If there are multiple agents who disagree, decisions could be delayed, however.

What is a POA in medical terms?

A medical POA only goes into effect when a senior is deemed incapacitated. The agent named is responsible for ensuring health providers follow instructions from the senior’s medical power of attorney documents. They also have authority over: Medical treatment. Surgical procedures.

What is an elder law attorney?

From planning for the future, like making sure an estate plan is in place and establishing a durable power of attorney, to dealing with money matters in the here and now, such as tax guidance and coordinating with financial planners, an elder law attorney is typically well-versed in looking at clients’ larger financial picture.

What is elder law?

An elder law attorney, sometimes referred to as an elder care attorney, can help older adults and their families navigate the complicated financial and legal decisions they face. It’s a growing specialization, with nearly 500 certified elder law attorneys across all 50 states.

How many people are over 65?

There are now more than 40 million Americans over the age of 65, and that number is steadily increasing. In lockstep with greater longevity, the availability — and complexity — of federal programs created to assist the aging population is also growing. That’s where an elder law attorney can help.

What is a POA for aging?

The first is a financial POA, which provides for decisions regarding finances and for the ability to pay bills, manage accounts, and take care of investments. The second is an Advance Healthcare Directive, which is also known as a “living will” or a “power of attorney for healthcare.” This document outlines who will be an agent for healthcare decisions, as well as providing some general guidelines for healthcare decision-making.

Why do you need a power of attorney?

Common Reasons to Seek Power of Attorney for Elderly Parents 1 Financial Difficulties: A POA allows you to pay the bills and manage the finances for parents who are having difficulty staying on top of their financial obligations. 2 Chronic Illness: Parents with a chronic illness can arrange a POA that allows you to manage their affairs while they focus on their health. A POA can be used for terminal or non-terminal illnesses. For example, a POA can be active when a person is undergoing chemotherapy and revoked when the cancer is in remission. 3 Memory Impairment: Children can manage the affairs of parents who are diagnosed with Alzheimer’s disease or a similar type of dementia, as long as the paperwork is signed while they still have their faculties. 4 Upcoming Surgery: With a medical POA, you can make medical decisions for the principal while they’re under anesthesia or recovering from surgery. A POA can also be used to ensure financial affairs are managed while they’re in recovery. 5 Regular Travel: Older adults who travel regularly or spend winters in warmer climates can use a POA to ensure financial obligations in their home state are managed in their absence.

What is a POA in 2021?

Last Updated: July 16, 2021. A power of attorney (POA) can be an important element of planning for your elderly parent’s future. It allows another person to take action on your parent’s behalf, ensuring bills get paid and medical decisions can be made in the unfortunate circumstance that your elderly parent is unable to do those things on their own ...

How many witnesses do you need to sign a letter of attorney?

A notary public or attorney must witness your loved one signing the letter of attorney, and in some states, you’ll need two witnesses. The chosen agent must be over 18 and fully competent, meaning they understand the implications of their decision. When filling out the form, the parent must specify exactly which powers are transferring to the agent.

Who is responsible for making decisions in a POA?

One adult will be named in the POA as the agent responsible for making decisions. Figuring out who is the best choice for this responsibility can be challenging for individuals and families, and your family may need help making this decision. Your attorney, faith leader or a family counselor can all help facilitate this process. It’s a good idea to select an agent who is able to carry out the responsibilities but also willing to consider other people’s viewpoints as needed.

What is a POA?

As mentioned above, a power of attorney (POA), or letter of attorney, is a document authorizing a primary agent or attorney-in-fact (usually a legally competent relative or close friend over 18 years old) — to handle financial, legal and health care decisions on another adult’s behalf. (A separate document may be needed for financial, legal, and health decisions, however).

Is a power of attorney necessary for a trust?

Under a few circumstances, a power of attorney isn’t necessary. For example, if all of a person’s assets and income are also in his spouse’s name — as in the case of a joint bank account, a deed, or a joint brokerage account — a power of attorney might not be necessary. Many people might also have a living trust that appoints a trusted person (such as an adult child, other relative, or family friend) to act as trustee, and in which they have placed all their assets and income. (Unlike a power of attorney, a revocable living trust avoids probate if the person dies.) But even if spouses have joint accounts and property titles, or a living trust, a durable power of attorney is still a good idea. That’s because there may be assets or income that were left out of the joint accounts or trust, or that came to one of the spouses later. A power of attorney can provide for the agent — who can be the same person as the living trust’s trustee — to handle these matters whenever they arise.