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Conference at DeskWhen it comes to getting care for the elderly or protecting their interests, many families confront similar issues. Below we have collected questions received over the years from site visitors, along with our answers. Select the subject areas of greatest interest to you and see what others have asked. Chances are you'll find questions or situations that closely parallel your own.

 

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Q:

If I Become My Mom's Guardian and Let Her Remain at Home, Am I Responsible for Her Actions?

I am considering guardianship for my 87-year-old mom, who has dementia. She lives alone but has been advised by her doctor many times that she should not be alone. She refuses any help from "home health nursing agencies" and she will not consider moving out of her house. If I become her guardian, will I be held responsible for anything that might happen to her if I allow her to continue living alone for a while longer?

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tags: Guardianship/Conservatorship
Q:

What Is the Best Way to Make Sure a Trustee Follows the Trust Rules?

We are getting ready to draft a trust. We have one son, so he will be the trustee. What is the best way to make sure he follows the rules set forth in the trust? We have read about nightmares with trust protectors, financial managers/advisors that control the investments, companies that control the trust, and trust managers. We have no other relatives.

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tags: Estate Planning
Q:

What is Reasonable Compensation for an Agent Under a Power of Attorney?

What is a reasonable amount of reimbursement for me as an agent under a power of attorney who is paying bills, picking up prescriptions, and going on doctor visits and trips to buy groceries for my elderly mother?

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tags: Estate Planning
Q:

What Can I Do if There Is No One to Replace Me as Agent Under a POA??

I am an agent under a durable power of attorney for a friend with a challenging form of dementia. I can no longer serve as her agent, and she has no other friends willing to do it. What are my options?

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tags: Estate Planning
Q:

Can an Agent Under a Financial Power of Attorney Revoke a Health Care Power of Attorney?

I live in Kansas, and I am the agent under my aunt's durable power of attorney. Together, we appointed her daughter as power of attorney for health care. I would like to revoke the health care power of attorney, but my aunt is now incapacitated. As her agent under the durable power of attorney, can I draw up and sign the revocation of the health care power of attorney?

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tags: Estate Planning
Q:

Can an Agent Under a Power of Attorney Pay His Mother's Bills Even If His Mother Objects?

My 81-year-old mother lives in a continuing care community. She is bipolar and sometimes has questionable judgment. The bank in the community was taken over last summer by another bank. My mother does not trust the bank and refuses to order checks or use the bank, but she does use the ATM for cash. She has refused to pay her monthly facility fee for the past four months because she has no checks. My brother is her agent under a power of attorney and is being asked to use my mother's money to pay her fees (which have accumulated to $12,000+). Can he do this without her permission? He has access to her money and is willing to pay the bill. We just worry about legal consequences for him if he uses her money without her permission.

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tags: Estate Planning
Q:

Can Medicaid Force the Sale of a Car That Is in My Father's Name Even Though I Make the Payments?

My father was placed in a nursing home six weeks ago and he will be applying for Medicaid. He has two cars: a truck that is paid for and the car I drive. The car is in his name, but I make the monthly payments. I have about a year of payments left on this car. Will Medicaid take both of these vehicles, or is the one I drive OK because I'm still paying on it? He owns no other property.

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tags: Medicaid Rules
Q:

Must an IRA Inherited from Father Be Used to Pay Mother's Medicaid Bill?

I have a client whose father was a resident of Arkansas and passed away recently. The son is the beneficiary of his father's individual retirement account (IRA). His mother is in a nursing home on Medicaid, also in Arkansas. Will Medicaid come after the son for the inherited IRA assets and force the son to give up those assets to pay for the mother's care?

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tags: Medicaid Rules

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