Today

Durable Power of Attorney: Important!

by Jacqueline Marcell
Posted October 4, 2006 1:10 AM

Posted in

Caregiving

Author Elder Rage www.ElderRage.com
Host Coping With Caregiving Radio Show www.wsRadio.com/CopingWithCaregiving

WELCOME BACK ALL MY CAREGIVERS—Tell us your story!

A Durable Power of Attorney is a legal document that gives an individual the right to step in and make decision for a specified person if they become incapacitated. Two are needed: one for health decisions and one for financial.

If you have aging parents, sit down and have the discussion and get their wishes in writing long before it is needed--and definitely before any type of dementia is diagnosed. A person with dementia is not considered of sound mind and able to sign a Durable Power of Attorney.

What if your mother has a stroke and is in a coma and you need to get into her bank account to be able to pay her bills? You can't just go to her bank and tell them you need control of her money. With a Durable Power of Attorney, you will be able to handle her affairs in her best interest. And since her wishes are in writing, there is no confusion about what she wants you do to.

Here's a sample Durable Power of Attorney: http://www.expertlaw.com/library/estate_planning/durable_power_of_attorney.html

Jacqueline Marcell Author Elder Rage www.ElderRage.com
Host Coping With Caregiving Radio Show www.wsRadio.com/CopingWithCaregiving

Tell us your story!

JacquelineMarcell's blog

Comments

Have something to say? Share your thoughts.

Posted January 9, 2007 12:59 AM

what can my sibblings do if my older sister has a power of attorney over my mother who has dementia. She did a power of a attorney in secret and as now gifted herself with my mothers home. There are eight other sibblings?

Report Abuse

Posted January 9, 2007 2:39 AM

Hi Rosslyn, ohhh boy--you need an Elder Law Attorney located near your mom ASAP. (not near you if you live in another state, as you need someone familiar with the laws where you mom is.) You can locate one at naela.org.

Report Abuse

Posted January 10, 2007 2:08 AM

Rosslyn, I would strongly suggest you and your siblings consult with an attorney regarding this matter. He or she may decide whether or not to pursue your interests with a lawsuit and the help of the courts. Remember the purpose of the power of attorney here is to help the elderly in their time of need, not help ourselves to their posessions. Best of luck.

Report Abuse

Posted October 9, 2006 8:40 PM

Dear Jacqueline and her caregiving readers,

I can't agree with you more. We all need to get at least a Living Will started now, while we are all well.

My husband, Charles, when he was just 45 got a degenerative neurological disease called Cortical Basal Ganglionic Disease. It is similar to the disease, PSP, that Dudley Moore, the actor, died of.

Once Charles had this disease, how could I talk to him about a durable power of attorney or a Living Will? If I did, I thought he would think that I was anxious for him to die. But if I didn't, how could I know HIS wishes and care for HIS future needs the way he wanted them.

It presented a difficult dilemma for me. I waited longer than I should have. I got the guts to do this when his brother visited from out of town. With his brother's agreement and support, we were able to get the appropriate paperwork signed.

I now have a Living Will for myself. And as far as I know, I'm healthy. But I don't want my family members to have to struggle with this issue if I should become sick.

To learn more about my experiences with Charles, you can see my new book, Finding Meaning with Charles: Caregiving with Love through a Degenerative Disease. The book is positive, uplifting and includes affirmations for caregivers, designed to support and strengthen all those who are caring for those touched by health issues. I hope you will take a look at it on my website: www.findingmeaningwithcharles.com.

Sincerely,

Janet Edmunson, M.Ed., author of Finding Meaning with Charles: Caregiving with Love through a Degenerative Disea

Report Abuse