Does someone with dementia need a power of attorney and other legal questions answered

Welcome to the place where I share dementia tips, strategies, and information for family members caring for a loved one with any type of dementia (such as Alzheimer's disease, Lewy Body dementia, vascular dementia, frontotemporal dementia, etc.)
In today's video the kind people at Drake and Cash law firm answer all your elder law planning questions. If you aren't a part of my FB community, then you're missing out on the chance to submit your questions for future videos. You can join at the link below.
Below are time stamps to help you find the answer to your specific questions easier but I recommend you watch the entire thing :)
3:21 What’s the difference between a Power of Attorney and Guardian
7:53 How does someone make sure they have a “strong” POA
9:26 How is it determined when a POA is “in effect?”
12:49 Do you have to file the POA with the country clerk?
14:17 What’s the difference between Medicare and Medicaid and what’s the best way to protect assets for spouses?
17:56 Is there protection for family living in the home of someone with dementia?
19:46 What is a living trust and should you have one?
27:14 Is divorce recommended to protect assets?
29:00 Is an IRA and VA disability counted as income for medicare eligibility?
32:38 Can someone with dementia make a change to their will without their POA knowing?
37:07 Does everyone need an elder law attorney to help with planning?
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In case you haven’t met me, my name is Natali Edmonds and I am a board certified geropsychologist. That means that I am a clinical psychologist who specializes in working with older adults. One day, while hiking a trail, I came up with the idea for Careblazers and I decided to see if posting videos online could provide help to the many other Careblazers in the world who don’t get to have help come directly to them in their homes. I hope that this work helps you in some way on your caregiving journey.
#careblazer #dementia #dementiacare

Пікірлер: 51

  • @pennysutch6628
    @pennysutch66284 жыл бұрын

    I have dementia on meds. We have a will and Dnr. The money's are in trusts.Knowing this takes the stress off myself and family.✌

  • @estateelderlawplanningcent8208

    @estateelderlawplanningcent8208

    4 жыл бұрын

    Wishing you the best on your journey, Penny! Having planning in place is a wonderful gift to you and your family.

  • @marieteresa3963
    @marieteresa39634 жыл бұрын

    Great info as I am going through all of this right now. My husband who has dementia had not done any advance planning. Thank God for my elder care attorney. I don't know what I'd do without him.

  • @estateelderlawplanningcent8208

    @estateelderlawplanningcent8208

    4 жыл бұрын

    Hi Maria. So glad to hear that you have been able to get planning in place! Wishing you and your husband the best.

  • @Terri4886
    @Terri48862 жыл бұрын

    Time stamps are amazing! So helpful, thank you!

  • @donnareeves9613
    @donnareeves96134 жыл бұрын

    I have seen wills changed a few times in my late husbands family. With that in mind, 15 years ago my parents made sure to have their will in shape. Now...my dad is toward end stages of Alzheimer. I am very involved with Dr. visits and meds as i am retired. 6 months ago, my mom took a fall and she is still recovering. She lost sight in one eye and had a brain injury. When that happened, I had to step in and take care of my dad while she was in the hospital...It was extremely traumatic for him. I have to explain to my mom...its time for a power of attorney (just in case). She has been forgetful and gets aggravated easily since her TBI and now has to learn to drive with one eye. So I'm doing my research so she and I understand it. Thanks...

  • @estateelderlawplanningcent8208

    @estateelderlawplanningcent8208

    4 жыл бұрын

    Wishing you and your mother the best, Donna! Proper planning is so important-thank you for sharing with your Mom.

  • @carolbiggs5336
    @carolbiggs53364 жыл бұрын

    This was amazingly helpful information. I had more questions than I thought - and they brought them all up. I am going to seek out an Elder Attorney sooner rather than later!

  • @estateelderlawplanningcent8208

    @estateelderlawplanningcent8208

    4 жыл бұрын

    Carol-we're so glad this was helpful for you!

  • @BYT2013
    @BYT20133 жыл бұрын

    Great information as I start this journey with my parents

  • @vivianamorrison5753
    @vivianamorrison57534 жыл бұрын

    I wish I knew there things when my Mother needed a Nursing Home! She held everything in a joint account & I lost THOUSANDS of dollars when the Nursing Home took MOST of our money. Thank God I had an Attorney who dealt with such things & informed me he was taking over talking to the Nursing Home, it only allowed her to repeatedly start calling him the 3 rd of each month! But thanks to his information he informed me I could withdraw $10,000 per month! You should’ve heard the financial department SCREAMING that it wasn’t true ! IF it wasn’t for the exemplary Nursing care she received ? I would transferred her in a New York minute! But the $$ would’ve still drained.

  • @aprilj.9174
    @aprilj.91744 жыл бұрын

    This was so helpful. Thank you very much.

  • @katerwaller
    @katerwaller Жыл бұрын

    This was SOOOO super helpful!

  • @bonniecapewell4780
    @bonniecapewell47804 жыл бұрын

    I wasn’t even into this video 7 mins and I was totally overwhelmed and confused!!! Too many words ... as a caregiver I am already overwhelmed and my brain is exhausted and now all of these legal words that a “regular “ person doesn’t have a clue what they mean . Is there a POA for dummies ??? I couldn’t even finish listening to this .... 😩 I need help locally I think, it seems each state has their own rules/laws ...

  • @BYT2013

    @BYT2013

    3 жыл бұрын

    I had to listen a couple times but it was helpful

  • @gary3439
    @gary34394 жыл бұрын

    Great information here,

  • @estateelderlawplanningcent8208

    @estateelderlawplanningcent8208

    4 жыл бұрын

    Thank you, Gary! We're grateful to Natali for having us on to share.

  • @wandaweber3123
    @wandaweber31233 жыл бұрын

    Thanks

  • @michaelneal900
    @michaelneal9002 жыл бұрын

    This is very helpful but you jump past one of the most difficult situations disabled persons confront. A person already has a guardianship and then someone tells them they need someone with power of attorney to do something like, receive an inheritance when they need assistance in navigating that.

  • @dewboy910
    @dewboy9102 жыл бұрын

    I only recorded my POA for my mother with her banks. I will ask her doctor's office if I need to register it with them at her next visit.

  • @se5442
    @se54424 жыл бұрын

    There are LTC companies who allow benefits to be passed down if the policy holder did not need it?? Also can you elaborate any more on the protection for family member living in the home of mom with dementia. In this case, Mom is in a facility. And her son has lived there looking after her for probably 10-15 years. What can some options be, and can the POA make decisions regarding this?

  • @hummingbird2230
    @hummingbird22304 жыл бұрын

    Do they have a booklet I could order

  • @eileengust4388
    @eileengust43882 жыл бұрын

    This is awesome

  • @cherylcombs4615
    @cherylcombs4615 Жыл бұрын

    Very good video! Thanx

  • @DementiaCareblazers

    @DementiaCareblazers

    Жыл бұрын

    Glad you liked it!

  • @cariespencer5549
    @cariespencer5549Ай бұрын

    I have a quick question since my got accident I took care of him to the hospital to and to skilled nursing Terafy but suddenly my husband son file POA while I'm around taking care of my husband what is the best I need to do and to know?

  • @luiszuniga28
    @luiszuniga283 жыл бұрын

    Do u know other key terms for last wish

  • @loradietmeyer4416
    @loradietmeyer44162 жыл бұрын

    incompetence - does power of attorney also have the rights with this. What do we do if spouse is wanting to move the person, but doesn’t have power of attorney because they have been living apart for years.

  • @dewboy910
    @dewboy9102 жыл бұрын

    On the question of caregiver that lives in the home of the patient, my mother's attorney suggested that I sell her home and my home and purchase another home in both our names. But I think that only gives me lifetime rights. At my death, I think the house would be sold and medicade would get her part and I guess I could will my part to someone. If you think the person won't need the medicare for 5 years, get their assets out of their name. You really need to go to a specialized attorney for this. An Wealth preservation attorney is who I got to help my mom out. I had already gotten a regular attorney to handle her will and POA, but decided to go back to an attorney that specialized in preserving their clients wealth in the cases like dementia. And to be honest, I think they still fell a little short of my expectations. But they were still far more thorough than the standard attorney was. The wealth preservation attorney actually gave me the legal right to invest my mom's money as I see fit. Of course it is important that you do this while the person with dementia still understands what they are doing, or it's not possible for the attorneys to do it. They asked me to leave the room and questioned my mom before allowing her to sign it. Thankfully, I got this taken care of in time. I had been trying for several YEARS to get my mom to do this because I knew she had a memory problem that was likely dementia. I would hate to know that at this point and time I still didn't have a Durable POA! It would be a nightmare! Having a Durable POA is the ONLY solace I have that gives me hope that I will be able to deal with what's ahead of me. Without it, I would feel screwed!

  • @DementiaCareblazers

    @DementiaCareblazers

    2 жыл бұрын

    Awesome!

  • @dementiadiaries
    @dementiadiaries Жыл бұрын

    With a Durable POA can you represent a loved one as a Pro Per litigant when a defendant has Dementia but has been served a complaint for hospital lawsuit?

  • @beverlyjohnson5726
    @beverlyjohnson57262 жыл бұрын

    My great aunt is 92 years old and lives alone. She has some dementia. She was scammed out of $86,000 by someone telling her she won Publisher's Clearing House. The scammers are still calling trying to get access to her home and rental property. She will not sign a Will and I am afraid that she will sign over her property to these scammers in hopes of getting her "winnings" from PCH. I am her Power of Attorney and I wonder how I could protect her from herself.

  • @Sunshine-pn2gy

    @Sunshine-pn2gy

    2 жыл бұрын

    Call your state concerning elder abuse, they will help

  • @donnaallgaier-lamberti3933
    @donnaallgaier-lamberti39335 ай бұрын

    Is it true that the husband/wife of the person with dementia is legally responsible to pay for their care center and other medical bills? Divorce is the only way to avoid paying those bills...and if the person going into the care center still has assets (like SS, pension, IRA funds, a vehicle) then those assets will be seized to pay for their expenses no matter what....I understand that there is "no free ride" but does the spouse who needs those assets to simply live/keep a home or condo/pay monthly bills get totally left out and end up on the street?

  • @purplestewart2
    @purplestewart24 жыл бұрын

    Is this information the same in the UK Re Power Of Attorney.?

  • @terrydactylspontaneous2596

    @terrydactylspontaneous2596

    4 жыл бұрын

    The LPA in UK has been simplified and is easy to apply for. Anyone can have a LPA, you don’t have to be sick, it’s about planning for the future. Don’t delay as it’s easier to do it when people are healthy. If the patient has dementia where they can no longer make decisions and you don’t have an LPA then it goes to the Court of Protection and that is costly, invasive and you don’t have control. Get your Power of Attorney (LPA) sorted now.

  • @ggal4875
    @ggal48754 жыл бұрын

    Only caregiver for father (sudden onset 2016 - death in August). I'm in a mess & don't know WHO to even ask for guidance. Dad refused medical and legal help. Guardianship proccess had begun. I was at burnout and relieved the state (not me) would handle legalities of his very small estate. When he died unexpectedly...I was unprepared, in shock. Saw an "estate specialist" atty. By October...I realized atty costs could easily be my debt by time I settle any funds left from sale of a small, neglected home. The high costs of initial visit, two 10 minute calls, and petition for admin. were shocking. All interactions uncomfortable...like "let me handle this...asking questions wastes my time and your money." I have stressed and gone further into cc debt trying to protect my father's only asset from my atty. If I ask to end my contract with atty....Does he have the ability to force me to start proccess all over with a new petition, probate period, etc... Who can I ask? ga

  • @mirandaporter6561
    @mirandaporter65614 жыл бұрын

    im not in the state. im in canada so i wonder how much of this info is the same?

  • @grandelfe

    @grandelfe

    4 жыл бұрын

    Very difficult to get power of attorney in Canada if spouse doesn't have sound mind.I have the same problem.Possible but very expensive and takes a long time.

  • @LeeVai666
    @LeeVai666 Жыл бұрын

    My fathers ex girlfriend used him to purchase her a car. They had both lived together out of state for many years. Shortly after this purchase she told us about his condition and that she could “no longer care for him”. I got poa for my father and when I got to his bank accounts a lot of info wasn’t adding up. I later got a “renew your warranty” card in the mail for a car he does not own. Is there anything I can do legally to prove she took advantage of my father (who is now diseased)

  • @DementiaCareblazers

    @DementiaCareblazers

    Жыл бұрын

    Awesome!

  • @dementiadiaries

    @dementiadiaries

    Жыл бұрын

    I am not an attorney so take this opinion as just a response. Your best bet is to consult with an attorney. It’s not likely that anything can be done unless the vehicle is in your fathers name alone. When a vehicle is purchased in his name alone then it becomes property of the estate or should. If he was a co/signer then there is nothing you can do bcz she can pay on loan & provide proof of death to obtain a title in her name once loan is paid off. As for taking advantage of him while alive the only option typically is “potential Elder abuse”, but this is normally an issues raised while they’re still alive. I seriously doubt you could retroactively do anything unless she was embezzling from him & you can prove it. I’m sure statute of limitations would likely be at play too.

  • @dewboy910
    @dewboy9102 жыл бұрын

    Their savings must have been spent down below $2000 "FIVE YEARS PRIOR TO" applying for medicare! That is an important factor!

  • @marybrand8269
    @marybrand82692 жыл бұрын

    If my husband makes me his power of attorney, he has dementia from a stroke, can I then get a power of attorney and make both sons hold it together in case I become incapacitated?

  • @lmiley70460
    @lmiley704602 жыл бұрын

    I have power of attorney and I also have the power of a medical and also a living will and have a policy to bury her. This is just some of the things I have on my mother

  • @janetfishwick8887
    @janetfishwick88874 жыл бұрын

    My 92 year old mother has stage 4 Alzheimer's. Her ability to look after herself, her home and her money, has rapidly declined since 2014. Without my brother as POA, mother would have no idea whatsoever on how to deal with her financial commitments. She does not even know what day, month or year it is and is incapable of understanding the value of money in its simplest presentation.

  • @estateelderlawplanningcent8208

    @estateelderlawplanningcent8208

    4 жыл бұрын

    Janet-I'm so sorry to hear of your Mother's condition. You are so right, those documents become vitally important in circumstances like hers!

  • @terrydoan2035
    @terrydoan20352 жыл бұрын

    What about a far-off cousin who made himself starve attorney consecutively will and he had nothing to do with my uncle who's the multi-millionaire this guy sold two of his houses liquidated all of his assets cars boats and another house is up for sale he has changed will even though my uncle has dementia and spending all the assets nothing's been done we need help