what to ask the attorney re elder care of mother

Top 10 Things to Ask your Elder Law Attorney

More items

Full Answer

What do I need to know when meeting an elder lawyer?

When meeting an Elder Law Lawyer for the first time it is hard to know what you need to know. We assembled the most important questions here. 1. Can my loved one sign legal documents even with dementia? Can my loved one sign legal documents even with dementia? It depends. (How’s that for a lawyer’s answer?!).

Why choose an elder law attorney for dementia?

Elder Law Attorneys have specific experience in dementia-specific and health-related legal matters. It can make a very big difference in quality of life. Even if you have another type of attorney as your estate planning lawyer or family lawyer, you can still visit with an Elder Law Attorney and keep your regular attorney. 5.

How do I find an elder law attorney in Florida?

Ask your lawyer for a referral to an Elder Law specialist unless they are themselves so certified. 4. Are you (the lawyer) a certified specialist? The Florida Bar certifies attorneys as specialists in certain practice areas such as Wills, Trusts and Estates or in Elder Law or in Criminal Law.

Do I need a power of attorney for my elderly parent?

Christina Jeter, Esq., of The Jeter Law Firm, PLLC, advises, “It always makes sense to have a power of attorney in place, regardless of any situation. It is better to be prepared than to have to scramble to think of what an elderly parent would really want.”

What should I ask about elder care?

Answer These 7 Questions When You Need Senior CareWhat challenges do seniors face? ... Who is the appropriate person to make decisions about care? ... How much care does the senior require? ... What services do you need? ... How will you finance care? ... Who will provide care? ... How will you monitor care?

Can I make decisions for my elderly mother?

As the medical power of attorney, you can make decisions about your parent's healthcare, but your parents must still have the financial means to pay for the care.

What questions should I ask my aging parents?

Questions about familyDo you know the history of your family name, crest, or origin? ... What do you remember about your parents and grandparents? ... What were your children like growing up? ... What did you and your siblings do for fun? ... How did you meet your spouse?

How do I get power of attorney for elderly parent in PA?

Pennsylvania law requires that POAs must be signed by the principal and witnessed by two people who are ages 18 or older. The document must also be dated and notarized. If the principal cannot write, he or she is allowed to sign the document by using a mark or by asking someone else to sign the POA for him or her.

Can a family member override a power of attorney?

If the agent is acting improperly, family members can file a petition in court challenging the agent. If the court finds the agent is not acting in the principal's best interest, the court can revoke the power of attorney and appoint a guardian.

How do I know if my elderly parent is competent?

To decide whether an older person is legally competent, the court will need to know about the person's ability to manage certain major types of decisions....These might include:Medical consent capacity.Sexual consent capacity.Financial capacity.Testametary capacity.Capacity to drive.Capacity to live independently.

What are some questions to ask?

100 Getting to Know You QuestionsWho is your hero?If you could live anywhere, where would it be?What is your biggest fear?What is your favorite family vacation?What would you change about yourself if you could?What really makes you angry?What motivates you to work hard?More items...

How do you prepare for aging parents?

Use Our Aging Parents Checklist to Prepare for the FutureMake a Senior Care Plan. ... Look Out for Red Flags. ... Get Financial Planning Pieces in Place. ... Make Sure Daily Nutritional Needs Are Met. ... Prioritize Routine Exercise and Activity. ... Schedule Access for Favorite Activities and Social Gatherings. ... Monitor Medication.More items...•

What to talk about with elderly parents?

Talking to Your Aging Parents About MoneyDiscuss finances before you need to make major decisions. “ ... Ask about money during a quiet time. “ ... Help get all of their paperwork in order early. “ ... Consider using a direct approach if you and your parents have a good relationship. “More items...•

Can you get power of attorney for someone with dementia?

In general, a person with dementia can sign a power of attorney designation if they have the capacity to understand what the document is, what it does, and what they are approving. Most seniors living with early stage dementia are able to make this designation.

Is a person with dementia considered incompetent?

Is a person with dementia considered incompetent? A dementia diagnosis doesn't necessarily mean you're unable to make important decisions at that point in time. But as symptoms of dementia get worse over time, you may no longer be able to make decisions about things like your finances, health or welfare.

How long does it take to get power of attorney?

It usually takes 8 to 10 weeks for The Office of the Public Guardian to register a power of attorney, so long as there are no mistakes on the form. It may take longer if there are issues they want to look into, although this is rare.

What can I do with my elderly mother?

For Loved Ones with Limited Mobility:Play Board Games and Cards. For elderly parents with less mobility and energy, learning new card or board games is a great way to keep the mind sharp and have fun with family. ... Read Books Together. ... Pamper them! ... Enjoy Movies and TV shows. ... Baking and Cooking Together.

How do you care for your aging parents when you can't be there?

Here are six strategies for helping aging parents or other loved ones, even when you're far away.Evaluate What You Can Do. It's ok that you can't do everything for your parent. ... Explore Different Living Arrangements. ... Have a Family Meeting. ... Plan Visits. ... Have an Emergency Plan. ... Stay Connected.

How do you deal with an elderly parent living with you?

Adjusting to aging parents moving in with youDon't be afraid to ask for help. Even short breaks can prevent caregiver burnout. ... Make time for everyone, including yourself. ... Accept that some things don't change. ... Set boundaries. ... Acknowledge that you're doing your best in a tough situation.

How do you set boundaries with elderly parents?

Setting Boundaries With Difficult Elderly ParentsHave a plan before you attempt to visit. ... Set ground rules and stick to them.Use a non-threatening approach when trying to have a sincere and meaningful conversation. ... Try to understand the reason your parent is hostile or abusive. ... Remember, you are an adult.More items...•

How do I get power of attorney over my elderly parent?

The first step to getting power of attorney over an elderly parent is to research powers of attorney, understand how these documents work in your s...

What are the four types of power of attorney?

The four types of power of attorney are limited, general, durable and springing durable. Limited and general POAs end when the principal becomes in...

Can I get a power of attorney if my parent has dementia?

No, if your parent already has cognitive impairment, they can’t legally sign the documents required to set up a power of attorney. This is one reas...

What are the disadvantages of a power of attorney?

The biggest drawback to a power of attorney is that an agent may act in a way that the principal would disapprove of. This may be unintentional if...

Is power of attorney responsible for nursing home bills?

As your parent’s power of attorney, you’re responsible for ensuring their nursing home bills are paid for through their assets and income. However,...

What are the Core Elder Law and Estate Planning Documents I Need?

Planning effectively for your future and the future of your family requires putting together a comprehensive plan addressing long-term care, asset protection, special needs family members, and several other issues . There are a few key documents you and your elder law attorney can put together first, however, to ensure you are covered as soon as possible. Some of these key legal tools include trusts for your benefit and the benefit of specific loved ones, advance health care directives ( living will, health care surrogate designation, anatomical donation directive), durable power of attorney, and perhaps a last will and testament.

How Do I Plan for a Disabled or Dependent Child?

There are special trusts for children and adults with disabilities, such as special needs trusts , that can provide income and assistance without ruining eligibility for needs-based government assistance programs such as Medicare.

Can Someone With Dementia Sign Their Own Documents?

If you are concerned about dementia or Alzheimer’s, either on behalf of yourself or a loved one, it’s important to get your elder care plans set as soon as possible. At a certain point, if dementia has progressed too far, the individual no longer carries the legal capacity to sign documents on their own. That’s part of why it’s important to set up a durable power of attorney; to dictate who will make those decisions in the event that you do lose capacity (or to ensure you can make decisions for your loved one should they lose the capacity to do so).

What is elder financial abuse?

Elder financial abuse is something to take quite seriously when you are looking ahead toward the future. Billions of dollars are lost each year to instances of elder financial abuse. There are scam artists, identity thieves and the like who prey on seniors that they do not know. This is certainly part of the problem.

Why do people steal from elders?

They steal from elders simply because they can. There are legal steps that you can take to mitigate your exposure to elder financial abuse. This is something that you would want to discuss in detail with your elder law attorney. We are grateful you follow us and value your comments and input.

Can you give away assets for Medicaid?

No, this is not possible because there is a five year look back. If you give away assets within five years of applying for Medicaid you are penalized, and your eligibility is delayed.

Does Medicare pay for long term care?

Medicare will not pay for long-term care, and it is very expensive. This presents a challenge for many senior citizens.

How can an elder law lawyer help you?

When you are young, we can help you ensure that your financial and medical decisions can be taken care of if you are incapacitated by an illness or accident. As you begin your career, marry and have children, we can help you plan for the future, making sure that your assets are protected. We can help you in retirement and with long-term care planning to ensure that the cost of any long-term medical care will not render your family insolvent. We are with you every step of the way.

What is elder law?

Elder Law is a specialized field of law that addresses the unique legal issues affecting older adults as they age. Elder Law encompasses estate planning, asset protection, special needs planning, Medicaid planning and applications, probate and estate administration, guardianship proceedings, and, at Cona Elder law, estate litigation. An Elder Law attorney is your advocate, whether that means securing the most hours of Medicaid home care services, finding creative ways to help you become eligible for government benefits and protect your hard-earned assets for the next generation, minimizing estate taxes, or representing you in court in a family dispute such as a contested guardianship or contested estate.

How long has Cona Elder Law been in business?

The compassionate and experienced Elder Law attorneys at Cona Elder law have been practicing elder law for over 20 years, helping clients just like you find the right solutions for your family. We have helped tens of thousands of clients just like you over the years. But one size does not fit all; every family and every person is different. That is why we create customized trusts, estates and elder law plans for each and every client.

How long to look back on Medicaid?

The earlier the better! For asset protection purposes, the current look-back period is five years for institutional Medicaid. That means you need to take action to protect assets, such as by placing your home or other assets into an irrevocable trust five years before a health care crisis occurs. Since no one knows when a crisis may occur, early planning is key. Certainly the COVID-19 pandemic has shown us that we are all vulnerable. If COVID was not enough of a wake-up call, many people will hire an Elder Law attorney when they are beginning their retirement planning.

What happens if my parents don't plan for nursing home?

If your parents did not do any planning and now they need care in a nursing home, rest assured that all is not lost. There will never be a time when you will have to spend every single penny of your parents’ hard earned money on their care. If no asset transfers have been made and no trusts have been established, our experienced Elder Law attorneys can protect approximately one-half of an individual’s assets using a promissory note and gift, a legal technique that allows us to protect one half of your loved one’s assets even if he or she is being admitted to a nursing home the very next day.

When should you revise your estate plan?

Life changes over time and Estate Plans should change as life circumstances change. Revisit your Estate Plan when there are marriages or divorces, births or deaths in the family or major changes in the health care needs of aging loved ones. Laws also change, including tax laws and Medicaid / asset protection laws, of which you may want to take advantage.

What age do you need advance directives?

Anyone age 18 or older should have Advance Directives. A Power of Attorney, Health Care Proxy and Living Will, collectively known as Advance Directives, allow you to plan ahead in the event of incapacity. These important legal documents allow you to keep control of key financial and health care decisions by making these arrangements in advance and appointing trusted agents to assist you in the future.

Why do you need a power of attorney for an elderly parent?

Common Reasons to Seek Power of Attorney for Elderly Parents. 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.

What is the best document to prepare for an aging loved one?

There are two separate documents you’ll likely need as part of comprehensive planning for your aging loved one. 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?

A power of attorney allows someone else to take care of your parent’s affairs. It can be temporary, for example paying bills while someone is on a long vacation, or lasting, such as making medical decisions after a car accident. As parents get older, it makes sense to be prepared for health issues that may mean they need help. A POA allows children, or another agent, to step in when the need arises. Jeter states, “Any person with an elderly parent should have the conversation with their parent about getting a power of attorney in place if one does not already exist. In my practice, I advise people not to wait when it comes to getting a power of attorney because there are just too many things that can come up in life.”

How does a durable power of attorney work?

A durable power of attorney lasts after the principal’s incapacitation. What you can do with a durable POA is based on both the document and state laws. In some cases, you may only be able to manage the principal’s finances and will need a separate medical power of attorney to make health care decisions. These POAs are used when a person can no longer handle their affairs, and it can end in several ways. They can be revoked upon the principal’s death or when a guardian is appointed. The principal can revoke the POA if they’re no longer incapacitated. For example, if a person wakes from a coma, they can take back control of their finances. There may also be conditions in the document that, if fulfilled, end the POA. A durable power of attorney comes into effect on the day it’s signed unless otherwise specified.

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.

What is a medical POA?

A medical POA is different from a living will , which states what medical procedures a principal does and does not want done. In the case of a medical POA, the agent can make all health care decisions for the principal. Because of this, your parent needs to make their wishes known to the agent before they’re incapacitated. The American Bar Association has detailed information available about medical powers of attorney and the process of giving someone that power.

How to get a POA?

When you’re ready to set up the POA, follow these steps: 1 Talk to Your Parents: Discuss what they need in a POA and what their wishes are when it comes to their finances and health care. You must also confirm their consent and make sure they agree with everything discussed. 2 Talk to a Lawyer: Everyone who gets a POA has different needs and the laws are different in each state. It’s important to get legal advice so that your parent’s wishes are taken into consideration and the document is legal. 3 Create the Necessary Documentation: Write down all the clauses you need that detail how the agent can act on the principal’s behalf. This ensures your parent’s wishes are known and will be respected. Although you can find POA templates on the internet, they are generic forms that may not stand up to legal scrutiny and probably won’t have all the clauses you require. 4 Execute the Agreement: Sign and notarize the document. Requirements for notarization and witnesses differ, so make sure you check what’s required in your state.

What documents are needed for a living will?

It is important for most people to have these documents. For people where dementia is at issue, it is even more important. These are the documents you need: 1 a client-specific durable power of attorney containing long-term care planning provisions (generic forms rarely suffice) 2 health care directions (often referred to as Living Wills and Health Care Surrogate Designations) 3 a Last Will and Testament 4 a trust agreement.

Can you afford long term care?

The fact is that most people will require long-term care and most will either not be able to afford it or will get wiped out by the cost. There are legal and ethical ways of protecting one’s life savings against the cost of care without giving away assets and without waiting out penalty periods.

Can dementia be competent to sign documents?

Courts have found that even people in the most advanced stages of dementia can be competent to sign important legal documents. Understand that the medical definition of incapacity is different from the legal definition of incapacity.

Can a doctor write a statement of incapacity?

It is possible that a doctor could already have written a statement of incapacity regarding the person but this is not determinative of legal incapacity. The capacity requirements for each legal document can be different. Your attorney should discuss capacity issues with you and will know the legal requirements. 2.

Do attorneys charge for consultations?

It is typical for personal injury or trial lawyers to do free consultations. Most successful transactional attorneys (estate planning attorneys, elder law attorneys, etc.) charge a consultation fee. In fact, this may be one way to judge the demand and therefore the reputation of a particular lawyer. If the lawyer is “giving away” his or her time or is charging less than the norm, that may be because they have to do so. Successful lawyers are busy and sometimes more expensive but the difference in fee can often be well worth it even on cases that the client think to be “simple.”

Can you have an elder law attorney?

It should be a big deal to you too. Elder Law Attorneys have specific experience in dementia-specific and health-related legal matters. It can make a very big difference in quality of life. Even if you have another type of attorney as your estate planning lawyer or family lawyer, you can still visit with an Elder Law Attorney ...

Is a power of attorney a form?

A power of attorney is not a form document but instead provides a good lawyer with an opportunity to draft to his or client’s anticipated needs.

Do elder care lawyers litigate?

Not all elder care lawyers do litigation, and some of those who do charge an extra fee for it. There are also attorneys who don’t litigate in court but have arrangements with fellow lawyers who will go to court for you. Ask any questions you have about the attorney’s accepted practices and make sure they’re acceptable to you.

Do lawyers make house calls?

Not all lawyers make house calls. If this is something you anticipate needing, make sure to ask about it. In any case, house calls probably come with an extra fee. Check it out.

Let our care assessment guide you

Our free tool provides options, advice, and next steps based on your unique situation.

Let our care assessment guide you

Our free tool provides options, advice, and next steps based on your unique situation.

Talk with a Senior Living Advisor

Our advisors help 300,000 families each year find the right senior care for their loved ones.

What happens if the IRS refuses to expunge Part A?

If the agency refuses to expunge Part A from your Social Security record, you then have the decision of whether to proactively tell the IRS and pay whatever penalties it may impose. I would never suggest that people not obey the laws here. But it is not clear to me that the IRS has either the manpower or the desire to ding people like you over innocent violations of rules that are murky as heck to begin with.

Can my mom collect Social Security?

Your mom is entitled to the larger of her own Social Security retirement or your dad’s, which she would collect as a survivor benefit. She can’t collect both, but just an amount that roughly equals the larger of the two.

What is an elder law attorney?from solkoff.com

Elder Law Attorneys include many provisions for dementia-specific and long-term care issues not found in typical powers of attorney. For example, one big issue of late is hospitals and nursing homes chasing adult children for their parents’ unpaid bills. The facilities seek the patient’s signature on the admissions agreements but they also want the children’s signatures.

Who said sorry to hear your dad passed away?from pbs.org

Phil Moeller: I’m sorry to hear that your dad passed away.

What documents are needed for a living will?from solkoff.com

It is important for most people to have these documents. For people where dementia is at issue, it is even more important. These are the documents you need: 1 a client-specific durable power of attorney containing long-term care planning provisions (generic forms rarely suffice) 2 health care directions (often referred to as Living Wills and Health Care Surrogate Designations) 3 a Last Will and Testament 4 a trust agreement.

What happens if the IRS refuses to expunge Part A?from pbs.org

If the agency refuses to expunge Part A from your Social Security record, you then have the decision of whether to proactively tell the IRS and pay whatever penalties it may impose. I would never suggest that people not obey the laws here. But it is not clear to me that the IRS has either the manpower or the desire to ding people like you over innocent violations of rules that are murky as heck to begin with.

How much money is lost to elder financial abuse?from duffylawoffice.com

Elder financial abuse is something to take quite seriously when you are looking ahead toward the future. Billions of dollars are lost each year to instances of elder financial abuse.

Why do elders steal from elders?from duffylawoffice.com

Those who are providing assistance sometimes take advantage of this access. They steal from elders simply because they can .

When does a power of attorney break down?from solkoff.com

One of the greatest areas where powers of attorney, trusts and health care documents break down is when one agent is not able to act and the next person on the list tries to do so .