I am 61 and my mother is 83. I presume that most people in this forum are at least middle-aged to be dealing with aging parents with health/cognition issues. My dad died four years ago. My mom has diabetes, congestive heart failure, and stage 4 renal failure. Another 5 point decline in GFR and she will need dialysis. She falls a lot and in the past year, has spent more time in hospitals and rehab centers than at home. After harping at her for the past two years, I finally “stole” her car a couple months ago. Two days later, she passed out in the car while my sister was driving her home from a doctor appointment. Had I not taken her car and she been driving at that time, who knows if she would have killed herself and perhaps someone else on the freeway. Four weeks ago, I put her into a group home against her will. That decision was hard enough, let alone the paperwork and drama that followed.
Mom does not have serious dementia and is fully aware of what is happening around her. Yet she refuses to admit her declining health and the fact that she cannot safely live on her own anymore. Our conversations have been reduced to: “Why are you doing this to me?” “I want to go home.” “Why can’t I go home?” Why are you so mean to me?” “Why do I have to stay here?” After multiple “come to Jesus” discussions, she finally signed a medical and durable POA yesterday, allowing me to access her bank accounts so I can pay her bills and group home costs as well as file paperwork for state and VA benefits. This whole thing is very complicated, time-consuming and emotionally draining – especially since this whole thing has been a fight from day one.
I am not writing this to complain, but to add a perspective to the conversation here. I have become acutely aware of the importance of having one’s affairs in order BEFORE it becomes acutely necessary.
PLEASE… While you are healthy and clear-headed, make arrangements to save your children from being forced into an untenable position. We all think about having a will and advance directives for health issues and final disposition. We don’t think about preparing for many of the other details. For example:
Driving – Do you have a document assigning someone to make the decision about when you become unsafe to drive, and agreeing that their decision will be final?
Guns – Many people are passionate about their weapons. I heard a story on NPR a year ago about an elderly father in the early throws of Alzheimer’s who locked himself in his bedroom with all his guns. The family was terrified. Do you have a document giving someone the authority to take your guns away from you when they feel you are no longer safe with them?
Medical POA – More than a simple DNR form, a medical POA gives someone the authority to make medical decisions for you when you cannot make them for yourself. Who decides when that time comes? Give them that authority now.
Independent living – Perhaps the most important document is a Springing Durable Power of Attorney which gives someone the authority to take over your affairs and make decisions on your behalf when certain conditions are met – usually physical or mental incapacitation. The most important part of this document should be how the determination as to your incapacity should be reached. Perhaps a consensus of doctors and family members would be good. If you do not articulate this detail, it will fall to the courts to determine competence. This process is VERY arduous, expensive, and pits you against your loved ones as enemies. Why would you do that to your kids?
Most of us believe that as we age, we will be reasonable in making decisions. Even though a person may not have serious dementia, sound reasoning tends to wane with advanced age. You do not have to be wealthy or have a complicated estate. These are simple issues to deal with now but will become more complicated when you start getting up there in age.
One thing I'd like to add to your very good advice - while I can sort of understand why "springing" POAs are popular in families that are contentious or dysfunctional in my opinion they add a layer of difficulty at an already difficult time. My mom's POA and the one I have for myself was/is in force the moment it was signed and witnessed. Because of this I was able to gradually take over mom's financial affairs, from at first doing simple banking for convenience to arranging the sale of her home and property years later when that was necessary.
We always had a 'holistic will' for when the kids were younger and we wanted whomever 'inherited them' should something have happened to us, to know what we wanted and where the money was.
A few years ago, I talked DH into doing a 'real' will. Trust, actually, but same end result.
I did ALL the legwork and research-all our atty did was have it cleaned up, legalized and notarized. Gave us some advice on things we hadn't thought of.
I also had a dear friend who does gorgeous woodworking make our columbariums, where our ashes will repose. This year I intend to reserve our 'spots' in the cemetery where DH's family all is.
My kids are SO GRATEFUL that our wishes are spelled out and there should be no fuss.
I've seen the hot mess left behind by people who think that they'll either never die, or figure the 'kids' will work it out. My FIL had a very unfinished will--and it was kind of a mess for a solid year, as we navigated our way through his stuff.
My MIL refused to make a will, and then I told her that total strangers would sort through her stuff (kind of true) and she said "even my underwear drawer???" That alone pushed her to make a will. Funny, DH is her executor but she has written him out of the will.
SMH. Life is funny. A will/trust is the last gift you can give your family.
Also, people should invest in long term care insurance to help pay for care when older.
Very informative and thought provoking comments. Thank you for taking the time to lay it all out in detail for everyone.
Living near Mesa, I have never heard of a "Springing Durable Power of Attorney." I had received all the necessary forms to take care of my mom when (at the time) Governor Jan Brewer held a speaking engagement regarding elder issues. They had a table set up of all types of information and forms. Since that was in 2005 after my dad died maybe it's something new or replaces the form I received.
If Chikdren took care of their parents like parents took care of their children and like how it was in the old days when children wijld take care of their parents when the time came instead of unloading them at what and where they think best.
I promised my Dad that he wouldn't go to a home and now at 96 yes old and Dementia, he is still living in his home with 24 7 Caregivers. Yes, he is using up all his money for his care instead of leaving the money to his children which is exactly what should happen.
He wouldn't last a month in a home.
Praters for all the Aging that they have chikdren tgat will do what is really in the best interest for the Senior parent and not what is easiest for them.
Old people deserve to live out their remaining life how they want.
Basically, have those hard discussions early (50s-60s) and find a good family lawyer to write our those legal documents.
I think it is fantastic that you have written a wonderful guide for caregivers to follow.
I would add only one thing. When my mother was in rehab and I was filling out all of the paperwork I was asked if I had medical POA, to which I replied that I did.
The social worker advised me to fill out a POLST form which apparently is the most effective way to communicate what is desired to be done in medical situations.
I am curious as to how you were able to have your mom agree to living at her facility. So many people have major issues with placing their parents if they choose not to live in a facility.
I am very glad that you were able to make your situation as best as it can be for your mom and yourself.
You could state what you want done if you become incompetent, uncooperative and argumentative and/or don't realise you need help.
You could basically give your loved ones a video pep talk and encourage them to follow through with the plan you had made when you were of sound mind.
In my video, I would say something like this to my loved ones, "When I'm wetting my pants and "more" every day and refusing to change or shower, it's definitely time to place me in assisted living. No matter how much I argue, this is what I want. I don't want you to have to change my pants or argue with me about showering. Thank you for doing this for me. I love you!"
I'd also like to add to ensure you have a trust as simply having a loved one's name on your personal assets will NOT protect those assets- I believe an irrevocable trust is better, but an estate attorney could advise on that and any rules of your state.
About the guns, one thing to think about if you are in a state that has tough gun laws (we do in MD) or even if you don't reside in a state like that. I have a friend whose dad has an extensive gun collection from hunting. She has advised him to leave instructions on the value of the guns since if she was to take them to a gun shop she would have no idea on how much they were worth. She also asked him to instruct her on how to go about parceling them out to loved ones or how to go about selling them here. If he had any that he wanted to get rid of in the meantime she asked him to do so now.
My mother always wanted me to read her will. IDK why, because she has literally nothing but junk to leave us and nothing of value....but one day, I was waiting for her to come home from someplace and I decided to peruse the will.
Pretty straightforward and boring--UNTIL, I find a looseleaf paper with this written on it: "B" owes estate $1500. "R" owes estate $6000. Not notarized, just stuck in there. No explanation whatsoever.
Well, I am "B" and I cannot for the life of me figure out HOW I can owe her trust money! And "R" is the son who added on to his house and took mother and dad in. And he OWES money to her trust?? 24 years of CG and he owes money.
I talked to lawyer son and he said this is NOT legal and whoever is her POA should destroy the paper before R can see it. This has a technical name, but son referred to it as a posthumous "FU" and is nothing but hurtful.
DON'T leave your heirs any anger, emotionally damaging words---mom doesn't know I read this, altho she obviously wanted me to see it.
In fact I fear your past is my future 🙁.
I went through this with my Mother. Two weeks before she died she was adamant about not having her will go through probate. The house was in her name ONLY. She never put my name on the deed so the house went through probate.