Legal and Financial Planning for Eldercare

Questions and Answers

1. Do living wills have to be updated?

   - It's wise to review advance directive forms "once a year or so" to make sure they reflect current wishes and current laws.
   1 Expert Answer

2. How can I persuade my mother to sign a living will?

   - Many people fear that signing an advance healthcare directive means giving up on living. It may take an objective source to convince them of the truth.
   1 Expert Answer, 5 Community Answers

3. Can I transfer property to my own name with a power of attorney?

   - Unless the wording of a durable power of attorney allows you to transfer the prinicipal's property to your own name, the law forbids it.
   1 Expert Answer

4. How do I access my mother's medical records?

   - My mother has Alzheimer's and is incapacitated. Her third husband has power of attorney and refuses to allow the adult children access to her medical records because he thinks we aren't visiting him enough. I am not looking for decision making power. I am only looking for the medical testing she had when she was diagnosed with early on-set at 52...
   1 Expert Answer

5. Health care agent or trustees, who wins?

   - I am health care agent for my 93 year old mother. She is still living alone. She's still driving and does well physically, but is starting with dementia. I want to take her to a geriatric specialist, but when I looked for her Medicare card, I found out that my brother had taken it...
   1 Expert Answer

6. How do I sign documents if I have power of attorney?

   - I have power of attorney for both health and finances for both of my parents who have dementia and Alzheimer's. I have never been told the legal and correct way of signing forms for them. Do I sign their name to forms? Or do I sign my name with POA after it or something?
   1 Expert Answer

7. Does the power of attorney form need to have both parent's names on it?

   - Both my mom and dad have requested that I be granted their power of attorney. If the form is in my dad's name only, will it still be legal for me to handle my mom's affairs as well?
   1 Expert Answer

8. Do I have to have guardianship to file bankruptcy?

   - My husband is now in a nursing facility and I have had to file bankruptcy. I was told I need to have guardianship before any court procedures. I do have power of attorney, is this correct?
   1 Expert Answer

9. Are powers of attorney different from state to state?

   - Life -- and dealing with powers of attorney -- might not be as confusing if all state laws were identical. But they're not.
   1 Expert Answer

10. Can I amend a life estate?

    - Can you change a life estate to add or remove children? You can change a life estate, but be sure that's what you really want to do first.
    1 Expert Answer