What is Alzheimers Disease
Alzheimer's disease (AD), a neurodegenerative disease, is the most common cause of dementia and characterized clinically by progressive cognitive deterioration together with declin...
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Alzheimer's disease (AD), a neurodegenerative disease, is the most common cause of dementia and characterized clinically by progressive cognitive deterioration together with declin...

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Durable Power of Attorney
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Hi all!
My mother in law has been diagnosed for at least 18 months. She refuses to take any meds. My sis in law is currently living with her. I keep preaching to my husband and his sis that they need to be getting her to sign a durable power of attorney while they still can. Soon she won't be competent. I am wondering what the POA covers and is there anything in particular that should be included in the wording? Are there more than one type of POA like for medical and then separately for financial? I just want to have some idea before someone takes her to an attorney. OH Posted on 06/26/09, 06:06 pm |
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I'm no expert but I will tell you what I know. Yes, the POAs are separate, one for medical and one for financial. My advice would be to seek the advice of an elder law attorney. They deal specifically with things like this. And yes you should get it done as soon as possible. Because whoever takes her to the attorney (anyone can do it, and I do mean anyone) could take control of her finances and make medical decisions for her. You want it to be someone who has her best interest in mind.
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A POA isn't as powerful as a Conservatorship. I have a POA for my husband which means I can sign for him, I can pay his bills, I can be allowed information about him (like doctor stuff) but he can override me, he has final say in decisions. He also has an Advanced Directive for his medical desires. A conservatorship involves a judge's decision and proof (like from a doctor) that the person cannot make sound decisions for themselves. At this point getting a POA would be a wise idea. I have found it helpful and my husband is still capable of many things.
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I am about to give you all I've got in the knowledge arena. Understand that I am still learning. First of all, once someone has the diagnosis of Alz. they should not be signing any contracts. Now, that being said you will have to check with the lawyer because I'm sure things are different in every state.
I recently ended a two year court battle with my uncle over guardianship and conservatorship of my grandmom. She was diagnosed. We both had durable POAs. He abused his and took everything (money and stuff) and pretty much left her to die. Then he neglected her and she was placed with me by APS. Now, there are many avenues you can take. You can get a medical POA ( if the lawyer deems her competent). That enables you to talk to her doctors and get her treatment. A Springing POA allows your hubby to SPRING into action should she decline to that point. A durable POA covers everything. A limited POA states what she wants you to handle. If all the family members get along, this should be easy, but make sure you have meetings regarding decisions that are made. People can get funny when they feel left out or jilted in some way. Keep in mind that when it comes to funeral issues, a POA doesn't hold much weight. All family members have to sign for her arrangements if there is nothing in place. They whole thing can get rather convoluted. The order I have says that I am in charge of everything, but I have to report yearly to social services. Also, beware of SSI. If you are handling her SSI funds and you have not been named Representative Payee, you can be in serious legal trouble. Even as conservator, I had to be named Representative Payee to use her funds and I have to report yearly to SSI. Lets see, have I left anything out? If no one contests it, it may be best to go for conservator and guardian, you could have the same person or different people. There are even agencies that will act as conservator for a fee, of course. In most states you have to have a Surety Bond to be a conservator, so you may want to be sure you will qualify before starting. A final note: Between the GAL, my lawyer and grandmom's lawyer, the bills are over 30K. If you have any questions, I will help where I can.
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