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Please excuse the repeat of sorts on this subject but it seems I need to know exactly what to ask for, as this attorney didn’t feel I need to draft anything before the illness. I am an only child and relative but understand the property will be used by Medicare once round the clock care is needed. What steps should I be taking as the POA ?

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Elder law attorney - pricey but worth every penny.
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Get a trust and estate attorney. I seriously doubt there are none of those in Eastern Kentucky. Contact your state bar for a list of them.
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1. You need an elder law attorney. If there are no elder law attorneys in your area, I suggest you look for one outside your area who can conduct a virtual conference by computer.
2. I don't understand what documents you mean. You say you already have powers of attorney. Wills, trusts, advance directives, etc. all need to be done before a person develops dementia.
3. Medicare will provide some at-home care under certain circumstances for a defined period of time, but not round the clock care.
4. I think you may be thinking of Medicaid rather than Medicare. As the POA agent, you will need help with this.
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We've met with our attorney on Zoom only!

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Do some research online and find law firms (or Findlaw, a forum) which addresses estate planning documents in some detail. You can get a list of documents generally used, and their function.

Try this: Elder Law, then Estate Planning are the categories to review. This is a good source: Find Laws, Legal Information, and Attorneys - FindLaw (URL)

And file the current attorneys' contact information into an obsolete, closed file.

Medicaid, not Medicare might lien the property. But that's if your parent actually applies for and receives Medicaid.

Your thread reminds me: I used to go to the AAA (Area Agency on Aging) expos annually until they were discontinued. There frequently were a few legislators with booths, and specifically with brochures on the field of estate planning. Some of them were very helpful.

You might want to check with your local legislators (if they aren't too busy campaigning) and ask for this kind of literature.

You're wise to do some research on your own instead of relying on an attorney.
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reallyfedup Jul 2022
Hi, GardenArtist -- BioMom41 seems to suggest that she wants to have her parent's estate plan drafted now that her parent has dementia. If this is the case, the parent may not be competent to do so. However, there are shades of dementia and a person who is having a clear day may be able to sign certain documents. For example, the standard for having a will drafted is usually lower than that for powers of attorney. An experienced elder law attorney can help determine the parent's capacity for creating legal documents. If her parent is incapable of handling her own affairs, BioMom41 or someone else willing to do it, will have to petition the court for guardianship/conservatorship. Expensive and usually time consuming and she may do better hiring an attorney.

People need to do their estate planning sooner rather than later. In fact, ideally, as soon as a person graduates from a minor to an adult, they should have an estate plan or at the least a durable medical power of attorney and advance directives. Such a person would want to review their estate plan every five years. I know the vast majority of people won't do this, but no one should wait until they're approaching 60. One other note -- New parents should at least have a will that establishes guardianship for the child.

These are suggestions and not legal advice.
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Is there a will? Because if an attorney said this elder didn't need a will either the elder is indigent or the attorney is a pretty dim bulb.
If there is a diagnosis of dementia and the person is incapable of understanding what he or she is doing, then it is too late for either a will or a POA.
The internet can tell you what is needed for someone to serve as POA. It is NOT EASY. You need to keep meticulous records of every penny in and every penny out if you are handling the finances, and at this time someone needs to, as the elder with dementia isn't capable of doing so.
But again, as with the will, POA cannot be given to someone unless the principal (the one giving it to, say, you, is mentally competent to understand what he or she is doing.
If there is no POA but there IS a will, then look through the will. Often there is a document there stating who should take over if the person who makes the will is incompetent. It is often called a "springing POA" or simple a "POA" or Power of Attorney.
If there is none, and the elder is not suffering from dementia and diagnosed, then it is too late.
If it is too late for wills and POAs then it is time to consider a conservatorship or a guardianship. These can be done with any competent attorney, but I shudder to think of you ending in the arms of the last one. This is more expensive to get. Consider waiting until elder is hospitalized and then as the Social Worker to help; sometimes they can get a "temporary guardianship" with a call to a judge.
I am assuming there is also no advanced directive made by this senior. Which would be another shame. If not, then the next of kin may be called upon to make medical decisions in dire situations in hospital.
Sorry things were not taken care of.
AARP has an excellent site to navigate for this reason and for any others (including avoiding scams and etc). Or simply ask "What documents should an elder make out " online. It will give them and you can look them up.
Again, you have a diagnosis of dementia. Keep the letters with you if the elder will allow that and MD will, as you may at some point need to prove the elder cannot act competently for self, and next of kin needs contacting.
Good luck.
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Are all the legal documents in place ? Durable POA, medical ? Will? Living will? Are you on the HIPPA forms at the drs office so they can speak to you? These should be in place.

Shortly after placing my mom in memory care, the physician nurse practitioner had my mother declared incapacitated. This cleared the road for me to do whatever I needed to do to help her.

if you’re looking towards Medicaid, a good place to start to get yourself educated would be your county office of aging and disability. You really want to work within the confines of what it takes to qualify for Medicaid. Make Certain that you do not commingle money with your accounts. It’s really important that you get educated about Medicaid.
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