What do most people do?
No problem Beth. First off, the small-town atty apparently forgot to
have mom check one of the two boxes on the Health Care Directive,
which indicates whether she would want to be kept alive indefinitely
or just kept comfortable and allowed to pass on, were she to be in a
brain-dead or vegetative type state. This is a very important do***ent
for anyone, with our without AD, to have prepared along with their
will and things like that, even if you are still fairly young. And
this genius let Mom walk out of his office with NEITHER BOX CHECKED to
indicate her wishes. The other thing... on the the main financial
power of attorney, there is a place where your MIL can indicate
whether or not she wants to allow her Personal Representative to make
"gifts" to go to the children or whichever family members will be
caring for her. The wording must allow this if you wish to be able to
move liquid assets out of her name and into a reserve account, so that
all her assets don't get burned up on nursing home care, and so that
she will be eligible for Medicaid assistance sooner. (You have to
think... does your MIL really want nothing to be left for her kids
after she dies? How are you going to pay for her funeral? and so on)
This is a touchy issue, because sadly there are those who would take
advantage of the situation and not put the AD victim's needs first.
Plus the laws are complex and confusing and are different in every
state. Only an elder law attorney will even touch this subject with a
ten-foot pole, not the Area Agency on Aging or the Alz Association or
any others, because everyone is terrified of giving bad advice and
getting sued. The attorneys who really know how all this works will be
on a list you can get from the Alz Association, with a very big
disclaimer at the bottom saying that this list "doesn't constitute an
endor*****t". From this list, you can pick an attorney who specializes
in this area intensely, who works every single day with families that
are trying to plan ahead with this strange and cruel disease. A brief
chat on the phone with the atty will clue you in on whether he really
knows in depth how AD works and keeps up with the very latest changes
in the law, or if he is just a complacent paper-shuffler with a
friendly rap who happens to do estate planning for old people. The
small-town boob that did our first power of attorney was the latter.
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