Answer:  The fact that your mother granted you and your brother her power of attorney is a good indication that she trusts the two of you (and is, perhaps, relying on you) to step in to protect her interests when you think protection is warranted.  You should look into her situation and her finances as far as your power of attorney allows, while at the same time respecting whatever level of autonomy your mother is capable of exercising.  It might be appropriate to enlist the input of her physician or other medical providers who are in a position to shed light on her medical condition.  Hopefully, your mother has given her medical providers her written permission to share her health information with you.  She may have done this in her advance health-care directive, her "HIPAA authorization," or other estate planning or health care documents.  If she has not done so, her medical providers will probably decline to talk with you.

POSSIBLE ACTION STEPS:  (1) Get clear with your brother on your specific concerns.  (2) Agree with your brother on who (if anyone) should be consulted concerning your mother's medical condition and her finances.  (3) Approach your mother with your concerns and let her know that you are there to make sure her interests are protected.  If you can involve your mother’s physician or other family members or trusted individuals, that will probably promote her comfort level.

If your mother clearly understands that you are endeavoring to act in her best interest, she will probably appreciate the attention that you are focusing on her. 

Scott Makuakane, Esq., CFP
Founding Partner, Est8Planning LLLC
Honolulu, Hawaii  96813
www.est8planning.com
Member of the national ElderCare Matters Alliance, Hawaii chapter, State Coordinator

 

Answer:  If you are a professional who helps families plan for or deal with ANY of their elder care matters, then you owe it to yourself to be listed on America's #1 online source for "Elder Care Experts"….

ElderCareMatters.com

ElderCareMatters.com is where you will find more than 2,000 competent, caring elder care experts located across America, including:

• Elder Law Attorneys
• Estate Planning Advisors
• Financial Planners
• Investment Advisors
• Geriatric Care Managers
• Insurance Professionals
• Life Care Planners
• Professional Organizers
• Reverse Mortgage Lenders
• Senior Move Managers
• Senior Real Estate Professionals
•  Tax Advisors
• Aging in Place Professionals
• Daily Money Managers
• And other elder care experts with long and successful careers working with seniors and their families

This is also where you will find some of America's best:

• Assisted Living Communities
• Alzheimer's / Memory Care Communities
• Continuing Care Retirement Communities
• Home Care Agencies

Together, we provide families across America with:

• Unparalleled professional expertise
• Up-to-date elder care information & answers to your elder care questions
• Competent, caring assistance with a wide range of elder care services

So if you are a competent, caring elder care professional who helps families with ANY of their elder care matters, then request today an Application for Membership in the national ElderCare Matters Alliance and get listed on ElderCareMatters.com - America's #1 source for "Elder Care Experts" plus information and answers about a wide range of elder care matters.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters, LLC
ElderCareMatters.com

 

 

 

Answer:  Assuming you have a valid financial or general power of attorney that complies with state law, you need to check the document.  When does the document say the power is effective?  Some are effective immediately upon signing it.  In that case, you can use the power right now.  She may, however, try to revoke it. 

Most powers of attorney, however, are considered “springing.”  That means the power of attorney is effective upon some triggering event, usually incapacity.  The document should say how incapacity will be determined.  For example, some say that the principal (the person who signed the power of attorney) must be determined to be incapacitated by two physicians.  If such a requirement is in the document, then you will need written statements from the physicians stating that she cannot manage her financial affairs.  Those statements should be kept with the power of attorney and made a part of it.

Remember that financial institutions may not accept the power of attorney.  Some will not accept a power that is a certain number of years old.  Others will look for certain clauses that may or may not me in your document.  And some financial institutions seem to give people a hard time just because.  It is very difficult to try to force a financial institution to accept a power of attorney.

If your power of attorney turns out to be ineffective for whatever reason, you may need to petition the court for a conservatorship.

Ronald Zack, Esq.
Tucson, Arizona
520-331-3232
www.TucsonEstatePlanning.com

Answer:  ElderCareMatters.com is an elder care resource to help families across America plan for and deal with their elder care matters.  With this goal in mind, we will continue to add more elder care-related services to ElderCareMatters.com in order to make this online elder care resource invaluable for families looking for help in planning for and/or dealing with their elder care matters.

Below are the 72 different elder care services currently listed on ElderCareMatters.com (with more services soon to be added): 

1. Adult Day Care
2. Advance Medical Directives
3. Aging in Place Services
4. Alzheimer's / Memory Care Communities
5. Annuities
6. Arbitration
7. Asset Protection Planning
8. Assisted Living Communities
9. Assisted Living Referral Services
10. Bankruptcy
11. Caregiving Education
12. Consumer Law
13. Continuing Care Retirement Communities
14. Crisis Intervention
15. Daily Money Management / Bill Paying
16. Dementia Care
17. Disability Income Insurance
18. Elder Abuse Litigation Services
19. Elder Law
20. ElderCare Planning / Long-Term Care Planning
21. Estate Administration
22. Estate Liquidation
23. Estate Planning
24. Financial Planning
25. Funeral Services
26. Geriatric Care Management
27. Guardianship / Conservatorship
28. Health Insurance
29. Hoarding Clean Up and Coaching Services
30. Home Care
31. Home Downsizing Services
32. Home Health Care
33. Home Modifications
34. Hospice Care
35. Independent Living Communities
36. Investment Services
37. Life Care Planning
38. Life Insurance
39. Litigation
40. Long-Term Care Insurance
41. Medicaid / Disability Planning
42. Medical / Healthcare
43. Medical Alert Systems
44. Medical Claims Processing
45. Medical Equipment & Supplies
46. Medicare Consulting
47. Medicare Supplemental Insurance
48. Medication Management Services
49. Moving / Relocation Services
50. Personal Finance / Accounting / Tax Preparation
51. Powers of Attorney
52. Probate
53. Professional Organizing
54. Public / Non-Profit Resources
55. Real Estate Services
56. Rehabilitation Services
57. Residential Psychiatric Care
58. Respite Care
59. Retirement Planning
60. Reverse Mortgages
61. Securities Arbitration & Litigation Services
62. Senior Move Management
63. Senior Move Planning
64. Social Security Disability Services
65. Special Needs Planning
66. Tax Law
67. Tax Planning
68. Transportation Services
69. Trustee / Fiduciary Services
70. Trusts
71. VA Benefits
72. Wills

If you need help with your family's elder care matters, you can count on ElderCareMatters.com to provide you with the experts, information & answers you need to plan for and deal with your elder care matters.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO of ElderCareMatters.com
1-877-379-4500

Answer:  The best thing to do is to get your Mother (and Dad, if possible) to sign a power of attorney form, giving you the right to handle their financial affairs. If they have a checking account, I suggest you take the executed Power of Attorney form to their bank and become a signatory on their checking account. Once both sign the POA form, there will be no need to “separate” their money.  Hope this helps.

To find  competent, caring elder care professionals across America who are located near You and can help you with your elder care matters, go to: www.ElderCareMatters.com - A FREE online resource to find elder care experts plus elder care information & answers to your elder care questions.

Gregory D. Roberts, CFP, CLU, ChFC, CLTC, EA
Life Solutions
Aiken, South Carolina  29803
803-617-9805
Member of the national ElderCare Matters Alliance, South Carolina chapter 

Answer:  If the power of attorney (POA) is valid in the state in which it was written, it should be valid in any state even if you are the secondary agent. You may have to prove that the primary has died through a death certificate. Assuming the POA grants you the right to make decisions regarding your mother's assets such as the power to write checks, to pay bills and deposit checks payable to your mother, living in another state should have no impact on a transfer of authority. One note of caution: The bank may view and make a copy of the original POA, but under no circumstances should they keep the original document. You will need the original document in the event your mother has assets with more than one financial institution.

To find competent, caring elder care professionals across America who are located near You and can help you with your elder care matters, go to: www.ElderCareMatters.com - A FREE online resource to find elder care experts plus elder care information & answers to your elder care questions.

William "Bill" Brown, Attorney at Law
2999 E. Dublin-Granville Road
Suite 217
Columbus, Ohio  43231-4030
614-890-9099
Member of the national ElderCare Matters Alliance, Ohio chapter

Answer:  A power of attorney is a legal document signed by you that grants another individual power to act and make decisions on your behalf. It may be general or limited to specific matters, such as finances or healthcare.

A guardianship, on the other hand, is a power granted by a court at the request of a third party to take control over your person, with or without your prior or current consent.

Generally speaking, a guardian has the same powers over his ward as a parent has over a minor child, unless those powers are specifically curbed by the court that granted them.

A power of attorney is generally preferable to a guardianship. Powers of attorney can be setup quickly and inexpensively and allow you to choose who will have powers over you, while guardianships can be long and expensive to put in place and leave the choice of a guardian in the hands of the court.

To find competent elder care professionals who are located near You and can help you with this type of elder care matter, go to: www.ElderCareMatters.com - A FREE online resource to find elder care experts plus elder care information & answers to your elder care questions.

Janna Dutton, Attorney at Law
Founding Partner
Dutton & Casey, P.C.
Chicago, Illinois  60603
312-899-0950
Member of the national ElderCare Matters Alliance, Illinois chapter

Answer:  This type of question comes up frequently and the answer depends upon the details of the Power of Attorney document that your mother signed back when she had capacity.  Each state has its own standards with regard to the construction of durable power of attorney rights, but even within that variation, it depends upon what the lawyer who drafted the agreement did or did not include.  If your family was my client, I would advise your brother that it is always best for the person who is serving as POA to be as transparent as possible in performing his duties, but in the end of the day, it is up to that person (the POA) to manage your mother’s affairs in accordance with the POA document and his best judgment.  While you can’t “force” your brother (the POA) to include you and your sibling in decision-making regarding your mother’s affairs, you can request that he does so.  Perhaps you can suggest that the three of you hold a family meeting (either in person or by phone) to discuss things.  If you are concerned that the POA will refuse or that the conversation might quickly become unpleasant, you might want to suggest that the POA engage an objective third party to facilitate the meeting.  This person’s fees would be paid for either from your mother’s funds or equally by the three of you.  The third party could be the attorney who drafted the original agreement, another attorney, a family transition coach, or any other neutral party with skill and experience in such situations.

To find competent elder care professionals who are located near You and can help you with this type of elder care matter, go to: www.ElderCareMatters.com - A FREE online source to find elder care experts plus information & answers about a wide range of elder care matters.

Sheri Samotin, President
LifeBridge Solutions, LLC
Naples, Florida  34108
239-325-1880
Member of the ElderCare Matters Alliance, Florida chapter

Answer:  I would NOT risk losing Medicaid over this car. I suggest buying the car for a nominal price.

To locate competent elder care professionals who are located near You and can help you with this type of elder care matter, go to: www.ElderCareMatters.com - A FREE online source to find elder care experts plus information & answers about a wide range of elder care matters.

John E. Settle, Jr., Esq.
John E. Settle, Jr., Attorney at Law 
Bossier City, Louisiana  71111
318-742-5513
Member of the ElderCare Matters Alliance, Louisiana chapter

Answer:  It is a great idea to have a relationship with an elder law attorney so that your family and friends know who to turn to if something were to happen.  The attorney can help them with decisions if you have a serious illness or require extended care.  The attorney can also help them through the estate administration process after you pass away.  Creating a relationship with a good elder law attorney does not have to be expensive.  Many attorneys either charge a fixed fee for their help or charge hourly only for the work they do for you.  When you meet with an attorney, he or she can talk about how they charge and help work with you to make sure that you are comfortable with how things would be handled.

To locate competent elder care professionals who are located near You and can help you with this type of elder care matter, go to: www.ElderCareMatters.com - A FREE online source to find elder care experts plus information & answers about a wide range of elder care matters.

Angela N. Manz, Attorney at Law
The Law Firm of Angela N. Manz
Virginia Beach, VA  23452
757-271-6275
Member of the ElderCare Matters Alliance, Virginia chapter

Answer:  Generally, a POA or Health Care Proxy does not necessarily need to be redone simply because your mother moved to another state.  However, I recommend that you have them reviewed by an elder law attorney who practices in Georgia to make sure that they comply with Georgia law and to make sure that they have all of the necessary powers needed to make decisions for your mother.  For instance, if Georgia law requires that the health care proxy be notarized and New York does not, then you may need a new one prepared or it won’t be accepted.  Or if your mother’s POA does not have certain powers which may be necessary for asset protection planning, then you may want to have a new one prepared. If the attorney in Georgia does recommend that your mother sign new documents, he or she should also tell you the specific reasons why that recommendation was made. 

To locate competent elder law attorneys who are located near You and can help you with this type of elder care matter, go to: www.ElderCareMatters.com - A FREE online source to find elder care experts plus information & answers about a wide range of elder care matters.

Angela N. Manz, Attorney at Law
The Law Firm of Angela N. Manz
Virginia Beach, VA  23452
757-271-6275
Member of the ElderCare Matters Alliance, Virginia chapter

Answer:  A power of attorney is one of the most important documents that you can execute. It allows you to appoint an agent to manage your financial affairs if you become unable to do so. Without a power of attorney, if you become incapacitated your family will have to go to court to have a judge determine who will manage your financial affairs.  That can be both costly and time consuming and is easily avoided by having a comprehensive power of attorney. 

Many people use the internet to obtain a power of attorney in order to avoid going to an attorney. These internet forms seem simple to complete and are not expensive.  The biggest problem though is that these forms are not tailored to your specific family’s needs and are often missing many important powers that your agent should have. 

The most important function of a power of attorney is that it sets out the specific powers that your agent will have if you become unable to make financial decisions on your own. These powers generally include buying or selling property, managing your bank accounts, paying bills, investing money, cashing checks, and collecting debts. 

In many states your agent only has the powers that are specifically listed in the power of attorney.  This means that a broad statement that your agent can do anything you can do is simply not enough.  Your power of attorney must list out each power you want your agent to have.  

The powers stated in your power of attorney can vary greatly depending on your wishes and your family’s situation.  Some powers are typically not included on an online power of attorney, and therefore it is important to consult an attorney rather than filling out a premade form. For example, the power to transfer money to your children, or to create and fund an irrevocable trust, is generally not included in an online power of attorney, but these can be extremely important powers for your agent to have if you need to do Medicaid or Veterans benefits planning in the future.   

By having a power of attorney, your family can avoid the court process and feel secure about your future. While it is tempting to avoid legal fees by completing an online premade form, I recommend that you seek the advice of an experienced attorney. With your attorney’s help, you can rest assured that your wishes will be carried out should you become unable to manage your finances in the future.

To locate competent elder law attorneys who are located near You and can help you with this type of elder care matter, go to: www.ElderCareMatters.com - A FREE online source to find elder care experts plus information & answers about a wide range of elder care matters.

Angela N. Manz, Attorney at Law
The Law Firm of Angela N. Manz
Virginia Beach, VA  23452
757-271-6275
Member of the ElderCare Matters Alliance, Virginia chapter

This week's Featured Elder Care Expert is Angela N. Manz, Attorney at Law, Member of the ElderCare Matters Alliance (a network of 1,450+ elder care experts) and Founder of the Law Office of Angela N. Manz, a law firm in Virginia Beach, Virginia, that specializes in Elder Law, Estate Planning, and closely related practice areas. 

Every day this week (M-F), Ms. Manz will answer one of your questions about her areas of expertise (Elder Law & Estate Planning), and this selected question along with Ms. Manz 's answer will be posted on the Featured Elder Care Question of the Day section of ElderCareMatters.com.

So if you would like to ask Ms. Manz a question about your elder care matter, just send a short email (a few sentences only please) to: questions@ElderCareMatters. com.

And remember to bookmark ElderCareMatters.com and check back often to see if your question is our Featured Elder Care Question of the Day.

Get FREE advice every day about elder care matters from one of our 1,375+ elder care experts (and our team of experts is growing daily).

Families now have FREE access every day to the advice of one of our 1,375+ ElderCare Matters Alliance experts, offering YOU not only answers to your elder care questions but also providing you with up-to-date, useful articles about a wide range of elder care matters. This is information that will help YOU plan for and deal with your family's issues of aging.

This week's Featured Elder Care Expert is Dennis Duncan, Attorney at Law, from Macon, Georgia.  Mr. Duncan provides legal assistance in the areas of Elder Law, Elder Care Planning, Asset Protection Planning, Social Security, Medicaid/Disability Planning, Wills and Trusts, Advance Directives, Probate Law, Guardianship/Conservatorship, and Annuities.  Mr. Duncan will answer a different question each day about his areas of expertise, and a selected question along with Mr. Duncan's answer will be posted on the Featured Elder Care Question of the Day section of www.ElderCareMatters.com.

So if you would like to ask Mr. Duncan a question about an elder care matter, just send a short email (a few sentences only please along with your first name and City & State) to: questions@ElderCareMatters.com. 

And remember to bookmark www.ElderCareMatters.com and check back every day to see if your question is our Featured Elder Care Question of the Day. 

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Special Offer for ALL Elder Care Professionals:  The next 125 elder care professionals who apply for Lifetime Membership in the national ElderCare Matters Alliance will receive a 25% discount off the regular price of $450 for lifetime membership.  (Just $337.50 for a "lifetime membership")  This is a very cost effective way to "get the word out" to literally hundreds of thousands of families across America about how you and your company can help families with their elder care matters. 

So if you are a competent, caring elder care professional – take advantage of this special 25% discount offer for a "lifetime membership" (and there are no annual membership dues, ever!) in the national ElderCare Matters Alliance.

At last, families across America have one resource they can tap into daily to relieve the stress of aging… ElderCareMatters.com

ElderCareMatters.com, along with the 1,350+ members of the national ElderCare Matters Alliance, provides families with the elder care resources they need to plan for and deal with their issues of aging.  In fact, here is where you will locate, by state, some of America's top elder care professionals who provide a total of 68 different elder care services that will help you plan for and deal with your family's issues of aging, including: Advance Medical Directives Aging In Place Services Alzheimer's / Memory Care Communities Annuities  Arbitration  Asset Protection Planning Assisted Living Communities  Assisted Living Referral Services Bankruptcy Caregiving Education  Consumer Law Continuing Care Retirement Communiities Crisis Intervention Daily Money Management / Bill Paying Disability Income Insurance Elder Abuse Litigation Services Elder Law ElderCare Planning / Long-Term Care Planning Estate Administration Estate Liquidation Estate Planning Financial Planning Geriatric Care Management Guardianship / Conservatorship Health Insurance Hoarding Clean Up and Coaching Services Home Care Home Downsizing Services Home Health Care Home Modifications Hospice Care Independent Living Communities Investment Services Life Care Planning Life Insurance Litigation Long-Term Care Insurance Medicaid / Disability Planning Medical / Healthcare Medical Alert Systems Medical Claims Processing Medical Equipment & Supplies Medicare Consulting Medicare Supplemental Insurance Medication Therapy Management Moving / Relocation Services Personal Finance / Accounting / Tax Preparation Powers of Attorney Probate Public / Non-Profit Resources Real Estate Services Rehabilitation Services Residential Psychiatric Care Respite Care Retirement Planning Reverse Mortgages Securities Arbitration & Litigation Services Senior Move Management Senior Move Planning Social Security Disability Services Special Needs Planning Tax Law Tax Planning Transportation Services Trustee / Fiduciary Services Trusts VA Benefits Wills

If you and your family need help with your elder care matters, this is where you will find competent, caring elder care experts located near you who provide a total of 68 different services that will help you plan for and deal with your family's issues of aging.  Whether you are looking for: an elder law attorney in Philadelphia a geriatric care manager in South Florida a long-term care insurance professional in Fort Worth, a home care provider in Southern California, or an assisted living community in Phoenix (as shown in the photo above)… you can count on www.ElderCareMatters.com to help you find the Elder Care Experts and services that you will need in ALL 50 states (plus the District of Columbia).

Special Offer for ALL Elder Care Professionals:  The next 125 elder care professionals who apply for Lifetime Membership in the national ElderCare Matters Alliance will receive a 25% discount off the regular price of lifetime membership. So if you are a competent, caring elder care professional – take advantage of this special 25% discount offer and pay only $337.50 for a "lifetime membership" (and there are no annual membership dues, ever!) in the national ElderCare Matters Alliance.    To request a Membership Application, send an email to: info@ElderCareMatters.com.

Answer:  Thanks for the question. I practice law in Florida and my answer reflects how I would respond to a Florida resident.

The power of attorney can only use the money for the benefit of the person who granted the power.

The power of attorney does not have to report to siblings, but if wrong is suspected  may  have to answer to legal authorities and/or elder abuse authorities.

To locate experts in your state who can help you with this elder care matter, go to: www.ElderCareMatters.com/statechapters.htm

Joseph F. Pippen, Jr., Attorney at Law
Law Office of Joseph F. Pippen, Jr. & Associates
Largo, Florida  33771
727-586-3306

Member of the national ElderCare Matters Alliance, Florida chapter

Answer:  Thanks for your question. Guardianships are very expensive, time consuming, and supervised by the courts.

The advantage of having a valid power of attorney is that you have the power to act quickly without court involvement.

The court system in Florida (where I practice) will not usually allow a guardianship when estate documents have been prepared to avoid being declared incompetent.

To locate experts in your state who can help you with this elder care matter, go to: www.ElderCareMatters.com/statechapters.htm

Joseph F. Pippen, Jr., Attorney at Law
Law Office of Joseph F. Pippen, Jr. & Associates
Largo, Florida  33771
727-586-3306

Member of the national ElderCare Matters Alliance, Florida chapter

Answer:  A last will and testament becomes effective only upon death and does not contain provisions for planning at incapacity.  However, a properly drafted trust appoints a successor trustee to make distributions to or for the benefit of the Settlor at his incapacity (and this can be expanded to provide for others as well upon the incapacity of the Settlor (such as the Settlor's spouse and children).  Also, a power of attorney for healthcare and property can be used which names an agent to make healthcare and property decisions for a person should they become incapacitated.  These can be drafted with very broad powers, or the powers of the agent can be as limited as desired.  Also, the power of attorney for property can include provisions which allow the agent to make gifts and other estate planning decisions on behalf of a person who has become incapacitated, if that is desired.

NOTE:  The information provided above is not intended to be nor should be relied upon as legal advice.  Peck Bloom, LLC is located in the State of Illinois and the attorneys are only licensed to practice law in Illinois and Florida.

To locate experts in your state who can help you with this elder care matter, go to: www.ElderCareMatters.com/statechapters.htm

Kerry R. Peck, Managing Partner
Peck Bloom, LLC
Chicago, Illinois  60603
1-877-845-1743

Member of the national ElderCare Matters Alliance, Illinois chapter

Answer:  You should keep the most recent version of your legal documents (wills, trusts, powers of attorney) forever (or until any administration on your estate after you die is complete). If you get a new document done, you can destroy the old one.  You can definitely keep the documents in your safety deposit box; however, make sure someone other than yourself has access to the box. That way, if something happens to you, someone can get into the box to obtain your documents.

Ben A. Neiburger, JD, CPA
Neiburger Law, Ltd.
Elmhurst, Illinois  60126
630-782-1766
Member of the national ElderCare Matters Alliance, Illinois chapter

Answer:  Legal problems that affect the elderly are growing in number.  Our laws and regulations are becoming more complex.  Actions taken by older people with regard to a single matter may have unintended legal effects.  It is important for attorneys dealing with the elderly to have a broad understanding of the laws that may have an impact on a given situation, to avoid future problems. 

Unfortunately, this job is not made easy by the fact that Elder Law encompasses many different fields of law.  Some of these include:

• Preservation/transfer of assets seeking to avoid spousal impoverishment when a spouse enters a nursing home
• Medicaid
• Medicare claims and appeals
• Social security and disability claims and appeals
• Supplemental and long term health insurance issues.
• Disability planning, including use of durable powers of attorney, living trusts, “living wills,” for financial management and health care decisions, and other means of delegating management and decision-making to another in case of incompetence or incapacity.
• Conservatorships and guardianships
• Estate planning, including planning for the management of one's estate during life and its disposition on death through the use of trusts, wills and other planning documents
• Probate
• Administration and management of trusts and estates
• Long-term care placements in nursing home and life care communities
• Nursing home issues including questions of patients’ rights and nursing home quality
• Elder abuse and fraud recovery cases
• Housing issues, including discrimination and home equity conversions
• Age discrimination in employment
• Retirement, including public and private retirement benefits, survivor benefits and pension benefits
• Health law
• Mental health law

Most Elder Law Attorneys do not specialize in every one of these areas.  So when an attorney says he/she practices Elder Law, find out which of these matters he/she handles.  You will want to hire the attorney who regularly handles matters in the area of concern in your particular case and who will know enough about the other fields to question whether the action being taken might be affected by laws in any of the other areas of law on the list.  For example, if you are going to prepare a new will and your spouse is ill, the estate planner needs to know enough about Medicaid to know whether it is an issue with regard to your spouse’s medical care planning.

David F. Anderson, Esq.
David F. Anderson, P.A.
Miami Lakes, Florida  33016
305-825-4052
Member of the national ElderCare Matters Alliance, Florida chapter

Steven H. Peck, Attorney at Law
Law Offices of Steven H. Peck, Ltd.
300 Saunders Road
Suite 100
Riverwoods, Illinois  60015

Member of the national ElderCare Matters Alliance, Illinois chapter

Steven H. Peck is a native of Boston, Massachusetts and is married with three daughters. Mr. Peck graduated cum laude with a Bachelor of Arts degree in Economics from Harvard College. He received his Juris Doctor degree from Boston College Law School.

Mr. Peck is licensed to practice law in Illinois, New York, Massachusetts, Florida and six federal jurisdictions, including the United States Supreme Court and the United States Tax Court.

Mr. Peck has been involved in the estate and tax planning field for over 19 years and is devoted full time to the practice of estate planning. He is a member of the Illinois Forum of Estate Planning Attorneys as well as Wealth Counsel, a nationwide group of attorneys committed to bringing their clients the finest estate planning advice and documentation possible. Additionally, he is a member of Elder Counsel, which is devoted to the practice of elder law and special needs planning. Mr. Peck is also listed in Nationwide Register’s, Who’s Who in Executives and Businesses.

Mr. Peck has presented several hundred seminars on the topic of estate planning for the public and various private organizations across the country. He was also a faculty member for National Business Institute’s professional education seminar “Handling the Generation-Skipping Transfer Tax”.

Prior to estate planning law Mr. Peck practiced real estate development law and spent four years active duty as a captain in the U.S. Army Judge Advocate General’s Corps. Additionally, he has a substantial knowledge of the insurance field having spent several years as an insurance broker prior to practicing law.

Answer:  If you are an elder care professional and you would like to "get the word out to thousands of families across America in a cost effective way about how you can help them plan for and deal with their issues of aging", then you should join our 1,250 elder care experts as a lifetime member of the national ElderCare Matters Alliance.  And, now, if you are one of the next 250 members, you will receive a 25% discount off the regular lifetime membership price.

This 25% discount is available only to the next 250 elder care professionals who join the national ElderCare Matters Alliance.

So if you are a competent, caring elder care professional – take advantage of this special 25% discount offer and pay only $337.50 for a "lifetime membership" (and there are no annual membership dues, ever!) to the national ElderCare Matters Alliance.

To request an Application for Lifetime Membership, send an email directly to: psanders@eldercarematters.com

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters, LLC
1-877-379-4500
www.ElderCareMatters.com

If you are an elder care professional and you would like to "get the word out to thousands of families across America in a cost effective way about how you can help them plan for and deal with their issues of aging", then you should join our 1,250 elder care experts as a lifetime member of the national ElderCare Matters Alliance.  And, now, if you are one of the next 250 members, you will receive a 25% discount off the regular lifetime membership price.

This 25% discount is available only to the next 250 elder care professionals who join the national ElderCare Matters Alliance.

So if you are a competent, caring elder care professional – take advantage of this special 25% discount offer and pay only $337.50 for a "lifetime membership" (and there are no annual membership dues, ever!) to the national ElderCare Matters Alliance.

To request an Application for Lifetime Membership, send an email directly to: psanders@eldercarematters.com

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters, LLC
1-877-379-4500
www.ElderCareMatters.com

Answer:  The experts of the national ElderCare Matters Alliance.

ElderCareMatters.com is now offering a NEW Ask an Elder Care Expert service.

Each week one of our 1,200 experts will answer your family's important questions about elder care matters – from legal, financial, housing, health care, etc.

If you would like to ask one of our Elder Care Experts a question about his/her areas of expertise, just send a short email (a few sentences only please) to:  Questions@ElderCareMatters.com

Every day we will post one of your questions along with an answer provided by our Featured Elder Care Expert of the Week to the homepage of www.ElderCareMatters.com (which is currently visited by thousands of families each week).  Yours may be one of the questions posted.

So bookmark www.ElderCareMatters.com and visit us daily as questions about a wide range of elder care matters are answered by some of America's top elder care professionals with years of experience helping families plan for and deal with their issues of aging.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters
1-877-379-4500
www.ElderCareMatters.com

The ElderCare Matters Alliance is a national organization of 1,200 elder care experts who help families across America plan for and deal with their issues of aging, including providing families with a host of elder care resources that can be found on www.ElderCareMatters.com

If you are a competent, caring elder care professional – you need to belong to the national ElderCare Matters Alliance.

To request a Lifetime Membership Application to the national ElderCare Matters Alliance, send an email to psanders@ElderCareMatters.com

www.ElderCareMatters.com – America's online source for elder care experts who help families plan for and deal with their issues of aging.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters
www.ElderCareMatters.com

Answer:  A Power of Attorney is a document that allows another person or people to manage your assets for you, upon your incapacity.

In your Power of Attorney, you are known as the Principal, while the person or people you choose to manage your assets are known as Agent(s).

A Durable Power of Attorney is effective from the date you sign it, through your incapacity, until you choose to revoke it.

A Springing Power of Attorney is only effective upon your incapacity.

Sonya Mittelman, Attorney at Law
Bronx, NY  10461
718-863-4647
Member of the national ElderCare Matters Alliance, New York chapter

Answer:  You should be able to obtain guardianship regardless of his marital status. Based on the situation you describe, that is the route I would recommend. You would need to petition for guardianship in Florida, where your father currently resides. Then, when successful, the guardian would seek court approval to move him to another state.

Victoria L. Collier, Attorney at Law
Collier & St. Clair, LLP
Decatur, Georgia  30030
404-370-0696
Member of the national ElderCare Matters Alliance, Georgia chapter

Answer:  It is generally recommended that agents under a power of attorney be listed as primary, secondary, tertiary, etc. (only one person at a time, with backups) instead of multiple co-agents.  It is highly recommended that you consult with an Elder Care Attorney who specializes in asset protection planning to draft or review any power of attorney. There is very specific language that should be in a power of attorney when long term care issues arise.  Standard “off the shelf” forms do not take into account your particular situation.

You can find helpful resources and lists of professionals in your area at http://www.eldercarematters.com/statechapters.htm.

Victoria L. Collier, Attorney at Law
Collier & St. Clair, LLP
Decatur, Georgia  30030
404-370-0696
Member of the national ElderCare Matters Alliance, Georgia chapter

Answer:  This is such a heartbreaking situation because we all want our own independence, and we understand our senior family members’ desire for the same thing.  Unfortunately, however, a person can lose the ability to make the kinds decisions for himself or herself that will promote the person’s health and safety.  When the person is still physically able but is the only one on the planet who is not aware of his or her impaired decision-making ability, concerned family members are often at a loss to find solutions.

Depending on the law of your particular jurisdiction, a power of attorney all by itself may not provide the authority you need to force a parent to live in a facility of your choosing.  You probably need to seek court appointment as your parent’s guardian.  The court’s determination that your parent needs a guardian will depend on your ability to provide medical and other evidence of your parent’s diminished capacity.  This all by itself can be extremely painful, because the court proceeding in many jurisdictions is public, and it may be difficult to maintain a level of privacy that will preserve your parent’s dignity while obtaining the result that is in his or her best interest.

Your best course of action would be to seek the advice of legal, medical, and psychological counselors who can help you navigate your way through these murky and treacherous waters.  The problem goes beyond any one of these disciplines, and you need a coordinated effort among a team of caring professionals to convince your parent (to the extent this is possible) that you are acting in his or her best interest, and to put you in a position to have legal authority to make whatever decisions are necessary.  People who have worked with the elderly in these kinds of situations can give you tips and tricks (I hate to use that terminology, but sometimes that’s what it comes down to) to help you deal with your parent’s objections.  As long as you are clear about your motivation to promote your parent’s best interest, you can maintain the strength to do what you need to do.  You can find helpful resources and lists of professionals in your area at http://www.eldercarematters.com/statechapters.htm

Scott A. Makuakane, Esq., CFP
Est8Planning Counsel LLLC
Honolulu, Hawaii  96813
808-587-8227
Member of the national ElderCare Matters Alliance, Hawaii chapter

Answer:  Your best move is to contact a Georgia attorney ASAP.  For a listing of Georgia Elder Care attorneys, you can take a look at http://www.eldercarematters.com/georgia/. 

Generally, documents that are valid in the State where they are signed will be deemed valid in other States, even if the other States impose different or additional signing requirements (such as whether they must be notarized or whether they need to be witnessed, and if so, by how many witnesses). 
Thus, the Missouri documents may be just fine for Georgia purposes, but only a Georgia-licensed attorney can answer that question with authority.

The fact that your father has Alzheimer's may or may not impact his ability to sign documents.  Obviously, mild Alzheimer's would not be an insurmountable problem, and even more advanced stages of the disease may not preclude a person's ability to sign documents that set out his or her simple choice of who will be the person's surrogate decision-maker.  What level of capacity is required to be able to sign different kinds of documents is a question of State law, so again, you are best advised to talk with a Georgia attorney at first opportunity.

If your father's Missouri documents turn out to be invalid or unhelpful in Georgia, there may be a variety of things that can be done under Georgia law to protect his choices as previously set out in his Missouri documents.  For example, if your Georgia counsel reaches the conclusion that the Missouri documents don't work in Georgia, you may be able to go before a Georgia court to have a guardian appointed for your father.  Your father's expression of his choice as to who would make decisions on his behalf if he became unable to make them himself would, at the very least, be grounds for the Georgia court to appoint the very people your father had hand-picked while he was competent.

Scott A. Makuakane, Esq., CFP
Est8Planning Counsel LLLC
Honolulu, Hawaii  96813
808-587-8227
Member of the national ElderCare Matters Alliance, Hawaii chapter

Answer:  In general, an agent (or "attorney in fact") may be anyone who is legally competent and over the age of majority.  Most individuals select a close family member such as a spouse, sibling or adult child, but any person such as a friend or a professional with outstanding reputation for honesty would be ideal.  You may appoint multiple agents to serve either simultaneously or separately.  Appointing more than one agent to serve simultaneously can be problematic because if any one of the agents are unavailable to sign, action may be delayed.  Confusion and disagreement between simultaneous agents can be another cause of inaction.  Therefore, it is usually more prudent to appoint one individual as the primary agent and nominate additional individuals to serve as alternate agents if your first choice is unwilling or unable to serve.

Julie Low, Attorney at Law
Law Office of Julie Low, PLLC
Beverly, Massachusetts  01915
978-338-4465