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Power of Attorney

The power of attorney document allows a person (called the principal) to name another individual (called an attorney-in-fact or agent), usually a trusted family member, domestic partner or friend, to... more
The power of attorney document allows a person (called the principal) to name another individual (called an attorney-in-fact or agent), usually a trusted family member, domestic partner or friend, to make financial and other decisions when the person with dementia is no longer able. The agent should be chosen carefully; it is recommended that this individual have a thorough conversation with the principal about what the responsibility entails. In addition, a successor agent or agents should be named in the event the original agent is unavailable or unwilling to serve. With regard to individuals with dementia, power of attorney documents should be written so that they are 'durable', meaning that they are valid even after the principal is incapacitated and can no longer make decisions. Power of attorney does not give the appointed person (agent) the authority to override the decision making of the person with dementia (principal). The person with dementia maintains the right to make his or her own decisions — as long as he or she has legal capacity — even if the decisions are not what others believe are good decisions. The agent is authorized to manage and make decisions about the income and the assets of the principal. This agent is responsible for acting according to the instructions, and in the best interests, of the principal.
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Questions and Answers

Vanessa Terzian
Vanessa Terzian
Estate Planning Attorney

It is never too early to proactively talk about estate planning. I have family meetings with my clients and their children while my clients are in their 50s, so they are young and healthy still. It is always hard to talk about these things when we are in a crisis mode and stress levels as high. If... more

We at Care Giving Answers strive to provide helpful and...  (more)We at Care Giving Answers strive to provide helpful and relevant information to senior citizens and their families and loved ones. The material provided through our site is made available for informational purposes only. In no way should users of our site rely or act upon any information provided herein without seeking appropriate professional advice (medical, legal or financial). Users should independently verify the accuracy, completeness and relevance for their specific purposes. The information provided through our site is not intended to constitute professional advice and in no way forms or constitutes a professional-client relationship of any kind.
Chris Cooper
Chris Cooper
Private Fiduciary, Trustee,Conservator, Financial Advisor

The right time is NOW!  Why are you waiting?

We at Care Giving Answers strive to provide helpful and...  (more)We at Care Giving Answers strive to provide helpful and relevant information to senior citizens and their families and loved ones. The material provided through our site is made available for informational purposes only. In no way should users of our site rely or act upon any information provided herein without seeking appropriate professional advice (medical, legal or financial). Users should independently verify the accuracy, completeness and relevance for their specific purposes. The information provided through our site is not intended to constitute professional advice and in no way forms or constitutes a professional-client relationship of any kind.
Vanessa Terzian
Vanessa Terzian
Estate Planning Attorney

Your dad would need to sign a new power of attorney (POA) to transfer the authority to you (or back to you) and revoke the prior POA(s). It sounds like, however, he may be suseptiable to undue influence. So possibly his girlfriend could get him to sign another POA again and it becomes difficult to... more

We at Care Giving Answers strive to provide helpful and...  (more)We at Care Giving Answers strive to provide helpful and relevant information to senior citizens and their families and loved ones. The material provided through our site is made available for informational purposes only. In no way should users of our site rely or act upon any information provided herein without seeking appropriate professional advice (medical, legal or financial). Users should independently verify the accuracy, completeness and relevance for their specific purposes. The information provided through our site is not intended to constitute professional advice and in no way forms or constitutes a professional-client relationship of any kind.
Scot Cheben
Scot Cheben
Senior Advisor

The first step you should take is to do a lot of research on the subject. Look at the specific type of cancer he has as well. That means to search the web, talk to family and friends and maybe a doctor. Understand everything you can about this and then be understanding to your grandfather... more

We at Care Giving Answers strive to provide helpful and...  (more)We at Care Giving Answers strive to provide helpful and relevant information to senior citizens and their families and loved ones. The material provided through our site is made available for informational purposes only. In no way should users of our site rely or act upon any information provided herein without seeking appropriate professional advice (medical, legal or financial). Users should independently verify the accuracy, completeness and relevance for their specific purposes. The information provided through our site is not intended to constitute professional advice and in no way forms or constitutes a professional-client relationship of any kind.
Admond Fong
Admond Fong
Senior Specialist

I'm sorry to hear about your grandfather's cancer. It's a difficult time for grandfather and your family; but there are things you can do now to be proactive with the progression of this disease. Adding to Vanessa's recommendations on the medical and financial power of attorney; also look into... more

We at Care Giving Answers strive to provide helpful and...  (more)We at Care Giving Answers strive to provide helpful and relevant information to senior citizens and their families and loved ones. The material provided through our site is made available for informational purposes only. In no way should users of our site rely or act upon any information provided herein without seeking appropriate professional advice (medical, legal or financial). Users should independently verify the accuracy, completeness and relevance for their specific purposes. The information provided through our site is not intended to constitute professional advice and in no way forms or constitutes a professional-client relationship of any kind.
Vanessa Terzian
Vanessa Terzian
Estate Planning Attorney

From a legal stand point there a some key documents your grandfather should consider putting in place:A medical power of attorney, which nominates someone to make medical decisions;A financial power of attorney, which appoints an agent to make medical decisions; and Determine whether, depending on... more

We at Care Giving Answers strive to provide helpful and...  (more)We at Care Giving Answers strive to provide helpful and relevant information to senior citizens and their families and loved ones. The material provided through our site is made available for informational purposes only. In no way should users of our site rely or act upon any information provided herein without seeking appropriate professional advice (medical, legal or financial). Users should independently verify the accuracy, completeness and relevance for their specific purposes. The information provided through our site is not intended to constitute professional advice and in no way forms or constitutes a professional-client relationship of any kind.
Vanessa Terzian
Vanessa Terzian
Estate Planning Attorney

Typically Medicaid rules, which vary state to state, allow the well spouse to maintain an amount of what would otherwise be available assets for qualification purposes at the time you apply for Medicaid. Assets acquired after the spouse is institutionalized are not protected and will be counted at... more

We at Care Giving Answers strive to provide helpful and...  (more)We at Care Giving Answers strive to provide helpful and relevant information to senior citizens and their families and loved ones. The material provided through our site is made available for informational purposes only. In no way should users of our site rely or act upon any information provided herein without seeking appropriate professional advice (medical, legal or financial). Users should independently verify the accuracy, completeness and relevance for their specific purposes. The information provided through our site is not intended to constitute professional advice and in no way forms or constitutes a professional-client relationship of any kind.
Chris Cooper
Chris Cooper
Private Fiduciary, Trustee,Conservator, Financial Advisor

If you are legally married, then all money is both of yours as far as Medicaid is concerned. While the nursing home nor the government can "access" this account, if you refuse to pay the nursing home bills and your husband is not otherwise qualified for Medicaid, then he will be evicted and you... more

We at Care Giving Answers strive to provide helpful and...  (more)We at Care Giving Answers strive to provide helpful and relevant information to senior citizens and their families and loved ones. The material provided through our site is made available for informational purposes only. In no way should users of our site rely or act upon any information provided herein without seeking appropriate professional advice (medical, legal or financial). Users should independently verify the accuracy, completeness and relevance for their specific purposes. The information provided through our site is not intended to constitute professional advice and in no way forms or constitutes a professional-client relationship of any kind.
Chris Cooper
Chris Cooper
Private Fiduciary, Trustee,Conservator, Financial Advisor

The same legal documents  YOU and anyone over the age of 18 needs: Wills, Trusts, Powers of Attorney for business matters, Health Care directives.  Do you have yours?

We at Care Giving Answers strive to provide helpful and...  (more)We at Care Giving Answers strive to provide helpful and relevant information to senior citizens and their families and loved ones. The material provided through our site is made available for informational purposes only. In no way should users of our site rely or act upon any information provided herein without seeking appropriate professional advice (medical, legal or financial). Users should independently verify the accuracy, completeness and relevance for their specific purposes. The information provided through our site is not intended to constitute professional advice and in no way forms or constitutes a professional-client relationship of any kind.
Chris Cooper
Chris Cooper
Private Fiduciary, Trustee,Conservator, Financial Advisor

Help to give away her possessions while she is living so there is less fighting over them after she passes.  Also, make sure her Will, Trust, and health care orders for Do Not Resuscitate are in order under your state's laws and you know where these documents are.

We at Care Giving Answers strive to provide helpful and...  (more)We at Care Giving Answers strive to provide helpful and relevant information to senior citizens and their families and loved ones. The material provided through our site is made available for informational purposes only. In no way should users of our site rely or act upon any information provided herein without seeking appropriate professional advice (medical, legal or financial). Users should independently verify the accuracy, completeness and relevance for their specific purposes. The information provided through our site is not intended to constitute professional advice and in no way forms or constitutes a professional-client relationship of any kind.