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I take it that since he's a wanderer- his giving consent for his money to be used for this project is unrealistic?
Even though you want to put up the fence for your fathers safety- it will likely be viewed as an improvement to your property and therefore not a great idea.
However, what type and size of fence are you talking about? I put up a white picket fence in my front yard of my old house to keep my autistic son from wondering. It was 3'6" high, made of a material that looked like wood but was manmade for durability. My front yard was very large and I think I paid around $5,000. This included a nice looking gate. If that's a dollar figure you're looking at - you might risk it. If your dad ends up needing Medicaid- the penalty isn't huge. On the other hand - if your worried about siblings getting ticked off - who knows?
At the time I put the fence up - since it truely was for Rainmans protection I approached his case worker to see if any grants might be available. I was told they'd pay for door alarms instead. But that wasn't the point. I wanted to be able to take Rainman outside - maybe while I worked in the garden - without worry that he'd wonder off or run out into the street. My point is - after my rant - is you might check with your local Department on Aging for grants or other financial assistance. Sometimes is does work out.
I have to intervene here and say that all people with Alzheimer's do not become violent. Probably most don't. Mostly they become confused and lost. Some may become violent when they feel so confused and lost, but not all... or even most.
No one knows what causes Alzheimer's at the present time. It may be all genetic or an interplay between genes, age, and environment. The coconut oil cure is only a myth that has been debunked. Thank goodness! I don't like messing with coconut oil. It is messy.
If your father ever needs Medicaid, the fence would probably be looked at as an improvement to your house and therefore a gift to you.
If you are asking if it would be legal as POA, my interpretation is that you are adding the fence for him and his benefit so I would use his money. I put a handicapped ramp on my house for my mother, using her money (in Maryland also) and I have no fear that I did anything wrong.
Eight years ago, when mom came to live with us, she wanted a chase lounge to sit and look out the window at the lake. And she wanted to put on the fireplace in the morning to warm up, but ours was natural not gas. I really didn't want gas. But I finally said I would have to use her money for these things. She didn't quite understand, but I did and she was happy. Never thought about it till I read this. If she is doing it for his safety, why not?
I would think it depends on how the POA is worded. Most of those I've seen direct the agent who holds the POA to handle the protected person's finances in his or her best interests. I would first make sure, though, to document (through a doctor, for instance) that your dad's at risk of wandering off.
Rainmom has a sensible plan in using a small amount -like 5k- moms $ to do the fence & knowing that IF Medicaid is applied for before the summer of 2022 that there coud be a transfer penalty place on moms Medicaid application. If fence is 5k like rain mom's was, it's a small penalty to deal later for a peace of mind solution now.
I'd also really really REALLY suggest you set up an elder law atty appointment for mom & you as her dpoa to review all moms legal, see if any red flags for medicaid and have her do a personal services contact between her & you to legally pay you for oversight of her care & needs. Even if you right now don't need the $, you bank it as there will be future costs with her in your household. You just don't know what's gonna happen...... One fall to mom or one auto accident to you and everything can change overnight..... Having $ building every mom via the personal services contract will come in handy. A 5 k penalty will be abt a 28 day penalty for Medicaid (avg NH Room&Board day rate is $ 180; so divided by 5k = 28 day). One of the experts on this forum, Gabriel Heiser, has a very very comprehensive book on the issues & costs on caregiving and complexities for family. Perhaps get it, take notes and get with your local atty to see what you can as moms DPOAs do now to better manage the future.
Good luck & be sure to check with your code office as to fencing requirements!
Studies on Alzheimer's show that only 5-10% become violent. Up to 33% can display aggressive behaviors - which includes behavior such as ranting, accusations, swearing, and oppositional defiance. Aggressive behavior can often be managed with redirection, agreeing words, medications and other learned techniques on the part of the caregiver.
In addition, not all persons with Alzheimer's or dementia are legally incompetent and definitely not in the early stages.
Sounds like you'd be in trouble if you didn't, here's it's required to have a fence made like a school fence that can be locked most use a dog fence with no top around a section of the yard and lock the door, Before I was a caregiver I thought this was degrading and a horrible practice. Why weren't there caregiver just watching them. Now I take care of two dementia patients and know how quickly they can get away when I'm helping one or the other. Talk to everyone involved if they don't like it tell them to take your place for a few days and they will be responsible if they get hurt or lost because of no fence. Got to check the housing rules and talk to a lawyer to draw a release if other's don't want the fence. But a white picket fence is not going to do much.unless at lest 4 ft high. Or more.
A fence is a good visual guide, perhaps for early stages of dementia. However, dementia almost guaranteed to progress, and eventually that wouldn't keep him safe unless you were in the yard with him. In that case, it would be a good tool so that Dad has a visual guide to follow, but if he's decided he needs to leave, it wouldn't help that. Therefore, it might not be an appropriate use, unless it can be locked, and then only if your POA is meant to be used "in his best interests" and not "as he wishes" since he may not wish to be confined. Best of luck in your time with your Dad, it can be very educational as the older brain ages, it can teach us new ways of looking at things.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Even though you want to put up the fence for your fathers safety- it will likely be viewed as an improvement to your property and therefore not a great idea.
However, what type and size of fence are you talking about? I put up a white picket fence in my front yard of my old house to keep my autistic son from wondering. It was 3'6" high, made of a material that looked like wood but was manmade for durability. My front yard was very large and I think I paid around $5,000. This included a nice looking gate. If that's a dollar figure you're looking at - you might risk it. If your dad ends up needing Medicaid- the penalty isn't huge. On the other hand - if your worried about siblings getting ticked off - who knows?
At the time I put the fence up - since it truely was for Rainmans protection I approached his case worker to see if any grants might be available. I was told they'd pay for door alarms instead. But that wasn't the point. I wanted to be able to take Rainman outside - maybe while I worked in the garden - without worry that he'd wonder off or run out into the street. My point is - after my rant - is you might check with your local Department on Aging for grants or other financial assistance. Sometimes is does work out.
No one knows what causes Alzheimer's at the present time. It may be all genetic or an interplay between genes, age, and environment. The coconut oil cure is only a myth that has been debunked. Thank goodness! I don't like messing with coconut oil. It is messy.
If you are asking if it would be legal as POA, my interpretation is that you are adding the fence for him and his benefit so I would use his money. I put a handicapped ramp on my house for my mother, using her money (in Maryland also) and I have no fear that I did anything wrong.
I'd also really really REALLY suggest you set up an elder law atty appointment for mom & you as her dpoa to review all moms legal, see if any red flags for medicaid and have her do a personal services contact between her & you to legally pay you for oversight of her care & needs. Even if you right now don't need the $, you bank it as there will be future costs with her in your household. You just don't know what's gonna happen...... One fall to mom or one auto accident to you and everything can change overnight..... Having $ building every mom via the personal services contract will come in handy. A 5 k penalty will be abt a 28 day penalty for Medicaid (avg NH Room&Board day rate is $ 180; so divided by 5k = 28 day).
One of the experts on this forum, Gabriel Heiser, has a very very comprehensive book on the issues & costs on caregiving and complexities for family. Perhaps get it, take notes and get with your local atty to see what you can as moms DPOAs do now to better manage the future.
Good luck & be sure to check with your code office as to fencing requirements!
In addition, not all persons with Alzheimer's or dementia are legally incompetent and definitely not in the early stages.
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