Legal and Financial Planning for Eldercare Questions

1. How Can I Assume Power of Attorney When Someone with Dementia Needs It?

   Usually it's a doctor -- or sometimes two of them -- who makes the judgment call about whether a person lacks mental capacity. And that determination is required before a power of attorney for either health care or finances can take effect, empowering you to act on another's behalf.
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2. Do we still have to pay for the bonding insurance if there's nothing left in the bank?

   Many courts require conservators to post a bond unless the bond requirement was specifically waived.
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3. is there a restatement form to make major changes to a revocable living trust?

   There is no specific form used for changing a living trust. [Indeed there's no specific form for a living trust.] However, a living trust must be changed by a formal printed Amendment. That Amendment must be signed and dated by the Trust and Amendment writer and notarized...
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4. Do some long-term care insurance policies protect assets when you're applying for Medicaid?

   Yes, there are special "state partnership" long-term care insurance policies in a few states that allow someone to qualify for Medicaid coverage of long-term care while keeping much more in assets than Medicaid rules would normally permit. Those states are California (Medicaid is called Medi-Cal in California...
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5. How Do I Obtain Power of Attorney for Someone Who Has Been Diagnosed With Alzheimer's?

   The answer depends on the person's specific mental condition. Bear in mind that the person who has been diagnosed with Alzheimer's (or some other form of dementia), not you, must be the one to finalize the document. There's a legal requirement that the person making a power of attorney must be "of sound mind...
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6. Is a Guardian Legally Required for Someone With Advanced Dementia?

   No law requires that a guardian be appointed for someone with advanced dementia. Guardianships, also called conservatorships, are usually only needed when someone has good evidence that a person's medical care, finances, or other personal matters are being ignored or mismanaged -- or when there are a lot of feuding family members in the picture...
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7. Are family corporations a good or bad idea?

   It's one way parents can pass along property to children. But be forewarned: There are complicated rules about gifting shares in private corporations. You are all on safe ground if your parents properly valued those shares and reported the gift of those assets to the IRS if they were above the annual...
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8. Does a trust need to be registered in Illinois?

   Charitable trusts, which are generally established to help those in need, are subject to some registration requirements under Illinois law.
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9. How do retiree health benefits work when you move out-of-state?

   As you stated, Blue Cross/Blue Shield is a supplemental health care plan to Medicare. It is sometimes called Medigap insurance because it fills in the gaps left by Medicare Parts A and B, e.g. deductibles, copays, etc. However, neither Medicare nor Medigap pay for long term care in an ALF -- Assisted Living Facility...
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10. Does a note on a house affect a trust?

    If your mother put her assets into a living trust to use for her own benefit during her lifetime and then left those assets to you and your brother, the two of you will get the house--along with the mortgage on it--at her death.You and your brother can then either sell the house and pay off the remaining...
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11. What is a sibling's role in a conservatorship?

    It sounds as if you already know that a conservatorship proceeding begins when a petition is filed to have a person called conservator appointed to manage a person's personal needs or finances, or sometimes both. At that stage, all close relatives of the person, including siblings, must be notified of the petition...
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12. How do I set up a business as a guardian for the elderly?

    As you might imagine, courts are very careful in appointing guardians and conservators to make decisions for elderly people -- and are careful to protect this often needy and vulnerable population.So there are hidebound procedures and hoops to jump for becoming a guardian or conservator, especially for...
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13. What is the legal cost if a court appoints a non-relative to serve as conservator?

    The conservator of an estate can be responsible for handling a number of tasks, from the simple to complex--including collecting the person's assets, paying bills, making investments, buying or selling real estate, borrowing money, or giving assets to others as gifts...
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14. How can I get out of half-ownership of property my parents left to me in a living trust?

    It depends on what the trust specifies about your ownership and whether it gives you any options about selling it.As a practical matter, you are not very likely to find a buyer for half the house if your sister is hostile to that idea. And no, you cannot force your sister to purchase your half unless...
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15. How do I obtain forms to initiate a durable power of attorney for finances?

    First, figure out what you want to accomplish with the power of attorney. And beware that there are two different kinds of power of attorney for finances: those that take effect immediately, and those that take effect only after a doctor or two certify that you are incapacitated.
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16. Where do I get the paperwork for a power of attorney for my spouse who is currently in a mental health facility?

    Most mental health facilities will have the forms for powers of attorney for healthcare on hand. If you are visiting your spouse there, ask the patient representative or someone staffing the department of social services for the forms used you seek. The friendlier types may even help provide advice for completing them if you get stuck along the way...
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17. Who can initiate the Baker Act in Florida?

    As you seem to know, but other readers may not, the Baker Act is a Florida law that controls mental health services -- including voluntary admissions, involuntary examination, and involuntary placement.The requirements for initiating the act are a little different, depending on the process being called...
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18. Can I transfer property to my own name with a power of attorney?

    Transferring your mom’s property into your own name could be risky business—unless the document specifically provides that you can do it. Otherwise, as the agent under your mom’s power of attorney, your job is manage the property for her benefit, not transfer it to yourself.
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19. When there was no estate planning what happens to the estate?

    Because your grandmother died without a will—or “intestate” in legal jargon—her property will be distributed according to the formula set out in state law: mostly likely, divided equally among the surviving four children.
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20. What Can I Do When My Parent Refuses to Sign HIPAA

    There are several different parts to your question, so let's take them one at a time.You ask about HIPAA disclosure forms. A HIPAA form is a way for a patient to give written permission to health care providers to discuss and give information, to the person named in the form, about the patient's medical condition...
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