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Medical Forum / Diseases and Disorders / Alzheimer's / September 2005

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Carolyn - 26 Aug 2005 17:28 GMT
My first post here was on the 20th.  I mentioned an appointment to get a
Power of Attorney to access my mother's CD's in case she needs to go to
an Assisted Living facility or Nursing home later. She told the attorney
she didn't know why she was there and that I was a neighbor, a friend.
Of course I didn't get the POA. The lawyer even appeared suspicious of
me, like I was trying to get my hands on her money for my personal use
until I showed him a document she had notorized in 1991 making me her
health surrogate and stating she didn't want her life prolonged if two
doctors declared her terminally ill. My next step is to apply for a
Guardianship which can take up to a year where I live and a lot of
expensive paper work involved.  
I have half a mind to just take her over to the banks and cash the CD's
in and put the money in her checking account. I'm co-owner of the CD's
and also on her checking account. She stopped paying her bills a year
ago and gave the job to me when she forgot to pay her phone bill and
couldn't add or subtract correctly. I have since put the bills on
automatic debit so that her health insurance, electric and phone bills
are paid that way.
Carolyn  
Evelyn Ruut - 26 Aug 2005 17:31 GMT
> My first post here was on the 20th.  I mentioned an appointment to get a
> Power of Attorney to access my mother's CD's in case she needs to go to
[quoted text clipped - 15 lines]
> are paid that way.
> Carolyn

I hate to say this, but if you are a co-owner of the CD, that may be the
best and only way to handle it if her memory is that bad that she doesn't
even remember who you are when in the lawyers office.  The most important
thing is that you keep accurate records and do not appropriate the money for
any purpose of your own, and only use it for her bills and her care.    I
say this  because it becomes extremely important if she lives long enough to
require Medicaid.   They research her funds very carefully at that point.
You also need to go for that guardianship even if it does take a year.
Another thing, I don't think you need her to sign the POA in a lawyers
office, I think she can sign it at home, but you will need advice on which
items to have checked, since there are a number of items included and some
you may not need.
Signature


Best Regards,
Evelyn

(to reply to me personally, remove 'sox')

Gwen Love - 26 Aug 2005 18:52 GMT
Our POA's had to be notarized in Florida, and I'm sure they do here in
Alabama also.
Gwen

> > My first post here was on the 20th.  I mentioned an appointment to get a
> > Power of Attorney to access my mother's CD's in case she needs to go to
[quoted text clipped - 28 lines]
> items to have checked, since there are a number of items included and some
> you may not need.
Adelle - 26 Aug 2005 20:36 GMT
But a notary need not be in an atty's office; though many attorneys do have
several of their staff people become notaries just for convenience.

Many Real Estate agents are notaries. And most banks have notaries on staff,
too, though here in MA, they will only notarize for bank customers.

Adelle

> Our POA's had to be notarized in Florida, and I'm sure they do here in
> Alabama also.
[quoted text clipped - 38 lines]
>> some
>> you may not need.
Florence A - 27 Aug 2005 01:45 GMT
This might be a good time to see an elder lawyer
Also, at the alzheimer group meetings there usually seems to  be someone
who knows where help is available in your area.  
ncgen - 08 Sep 2005 14:26 GMT
> My first post here was on the 20th.

You don't have to have the POA completed in an attorney's office, but
in most states, they do have to be notarized. I was lucky enough that
my neighbor was a notary and able to do my mother-in-law's POA. One day
when she was having a "good day" and able to clearly state what she
wanted, I called the neighbor and she ran over to do it then.  She'd
known them for 30  years and knew my husband was the only child and
that we'd been taking care of them for some time. We needed to sell a
piece of their property in order to place my father-in-law in a home.

Over the years, I've always been able to find someone who could do that
for families I worked with rather than having to send them to an
attorney. Plus the cost is minimal compared to what an attorney will
charge.  Good luck.
Evelyn Ruut - 08 Sep 2005 14:24 GMT
>> My first post here was on the 20th.
>
[quoted text clipped - 11 lines]
> attorney. Plus the cost is minimal compared to what an attorney will
> charge.  Good luck.

Yes, it is possible to get forms online or at certain stationery stores, and
have them signed and notarized, but we decided to go to an elder law
attorney (a specialist in elder law matters) and we didn't regret it for a
minute.   He got ALL our paperwork in order, including that allowing me to
be paid for caring for my mother in law.   (She knew what she wanted and
fortunately she wasn't that far gone at that time of the original visit).
He advised us when we were lost and hardly knew what to do next, and we
relied on his knowledge.

He also helped us with forms that were required later on.   It was wonderful
to know that a person who really knew the ropes got every "t" crossed and
every "i" dotted so there were no more delays, when at THAT stage of the
game we were both nearly prostrate with exhaustion and depression in caring
for someone so advanced.    Our elder law attorney was money WELL SPENT!

Yeah, you can sidestep that, but I think only when in dire straits.

Signature

Best Regards,
Evelyn

(to reply to me personally, remove 'sox')

Songbird - 08 Sep 2005 15:33 GMT
> Yes, it is possible to get forms online or at certain stationery stores,
> and have them signed and notarized, but we decided to go to an elder law
> attorney (a specialist in elder law matters) and we didn't regret it for a
> minute.

I would agree. The requirements are different in each state for POA, and
although I downloaded the forms off the Internet to familiarize myself with
the terms, I was glad to have an attorney make sure that all the legalities
were correct. (Nothing like having a family member or creditor or care
provider challenge the POA when your LO is no longer competent enough to
execute a new one.) In my case, the attorney was an old friend of my parents
and they trusted him. My mother started talking about she was losing her
mind, and he cautioned her not to say that in front of the witnesses when he
brought them in. He said she was perfectly competent to understand what she
was doing (and he questioned her to that effect in front of the witnesses)
but that she did not need to raise any concern in their minds.

If money is a concern, go to the local bar association, explain what you
need, and ask if there is a lawyer who can do this for you pro bono (free)
or on a sliding-scale basis.

Songbird
 
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