If my mom is making really bad financial decisions, should I have her declared incompetent?

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By: Attorney Nathan Simpson

This is a questions that comes up routinely in the course of my practice. Many children feel that the best course of action is to have a parent placed under guardianship. While in many situations this is necessary, it is a drastic step that should not be taken lightly. Guardianship proceedings place your parent under the care of a court, which means that even if you are appointed as guardian, a judge will look over every decision that you make. Additionally, court records open you and your family up to public scrutiny.

Often, the best course of action is to talk to your parent. Through use of a power of attorney, you can manage your parent’s finances without court intervention. A properly written power of attorney will allow you to do everything that your parent can do with regard to property and bank accounts, while keeping your parent’s finances private.

While there may be times when a guardianship is necessary, talked to an experienced elder law attorney before making any decisions.

Who Can Represent Mom in a Nursing Home Situation?

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By Jess LoPiccolo

There are a few different answers to this commonly-asked question. When it comes to admitting a loved one into a nursing home, the power of attorney normally has the authority to do that. You must read the actual document to make sure that the power of attorney is authorized to do so, however. Further, it is important that the power of attorney sign any documents as power of attorney. Signing under your name, rather than as power of attorney for Mom, can make you responsible for Mom’s bill!

When it comes to applying for Medicaid for an individual that is in the nursing home, you can represent your loved one, but you may find it best to go with a professional who has experience in making these applications. Consider working with an experienced elder law attorney to represent your loved one. Here at Cooper and Adel, we have a team dedicated to nursing home planning and Medicaid. Please give us a call for a free consultation to learn more about what we do.

 

Don’t Go Broke In A Nursing Home

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By Lori McBride

Over the past few months, we have been rolling out a new seminar to help educate seniors and their families throughout Ohio, workshops in April were held in Springfield, Marion, & Millersburg. Here are some of the topics: [Read more...]

Is divorce a good solution if my spouse goes into a nursing home?

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By Attorney Nathan Simpson

Many clients come into the office asking if their only option when faced with a catastrophic medical situation is divorce. They have heard that this is the only way to not be required to spend everything in the Nursing Home. Thankfully, that isn’t the only way. While there may be a rare case where divorce is the best option, for the vast majority of people there are more palatable ways to protect assets from a Nursing Home spend down. Through strategic use of the rules relating to Medicaid and Veterans Benefits, an elder law attorney can protect assets without resorting to divorce.

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