with a financial advisor and friend? After taking care of my Dad until he passed at 93, my brother and family have no contact with me because of hard feelings. The background to this is too long to go into, but the upshot is that I can't trust them to make financial/medical decision on my behalf. What is the best way to ensure my security should I become incapable of answering for myself? A trust with a CPA as financial trustee and a friend as personal trustee to make medical and personal decisions for me, or a DPOA with CPA and a Medical POA with friend for the same purpose? I've already set up a will. I fear, should I become incapable of answering for myself, that my brother - who has little conscience and who would take my savings and leave me destitute - would be given guardianship of me by the courts if my documentation wasn't set up correctly. Have gotten different advise from both CPA and unassociated attorney who specializes in wills. Also, does anyone have any advise concerning who to ask to be DPOA and medical POA? Any advise or insight will really help. Thanks to all who read this and my wishes for your good health and happiness as you continue with caregiving - something I did for our Dad for several years into his 90s. It is a challenge but one I'm now so grateful I did. Hang in there, everyone!
Sadly, could NEVER trust my daughter for the same reasons you have mentioned. But one must face facts as they are and make a good decision.
I am at peace with this.
For the financial part, I actually set up automatic online bill pay from my end. When I set up the bills, I set up each one individually in my online banking page and include account numbers along with the contact info and amounts I pay for that bill. You set the date and frequency for the bills and then save it. Make sure you have money in your account each month for each bill. And whatever money is left over can be automatically transferred into another account just by setting that up. Should you become incapacitated your bills will automatically get paid as long as you get direct posit from your federal benefits. Best yet, don't have no other name on your account but yours, but have only your name on the account so no one else has access to it.
What I would do in the event you should become incapacitated is start getting opinions from different lawyers who specialize in wills and estates. Explain the situation and your wishes. Should you need a guardian, the court may end up appointing one themselves. This happened to my foster dad when he had no bio family left. The prosecutor's daughter for our town ended up becoming his guardian around the time he was to be put into a nursing home. We never saw it coming until it happened.
What you can do event of an emergency is select someone you trust as an emergency contact. You can do this when you register at your local hospital and even with your own doctors when you fill out the paperwork for your records. I don't have any family either, and I'm even making my own will and I'm even doing a funeral preneed. You make your preneed through your funeral home and instead of paying the funeral home directly, you pay the insurance company. Your turn your policy over to the funeral home's ownership if you're on Medicaid. This protects you against Medicaid thinking you have a cashable source. If the funeral home changes ownership, you call the insurance company to home your pay your preneed policy payments and alert them of the new name change.
If you have any vehicles, you may want to make some decisions as to what you want to do about them. This is where you'll really need to speak with your estate attorney
My position is that she has created her own misery. We are taking care of her now with quarterly allowance distributions, yet she has cut us all off and only communicates though her misinformed lawyer, causing us unnecessary expense. Her lack of trust in us sets her apart and I believe that her only option is to rely on paid help.
If anyone is in that situation, there are excellent investment advisors who will manage you money and pay your bills. Of course there is always the risk that they will goof up and leave you penniless. Nothing is certain in this world, so always build a strong network before you go nuts.
First, let's divide care while you're living between financial management of your assets after your death.
This is not a criticism, but hopefully rather clarification. You wrote:
" A trust with a CPA as financial trustee and a friend as personal trustee to make medical and personal decisions for me, or a DPOA with CPA and a Medical POA with friend for the same purpose? I've already set up a will."
1. A Trust, depending on your assets, can be created to provide funding for your care while you're alive, but it also would be the guiding document after your death. The Will would have to be amended to "pour-over" into the Trust so that the provisions dovetailed.
You can have co-trustees with separate and complimentary responsiblities.
2. While you're alive, either a springing POA activated on your incapacity or a DPOA creating authority notwithstanding any incapacity, would be the documents needed for someone to manage your financial and legal assets and activities.
3. A Living Will, or other type of advanced directive, would allow someone to make medical decisions for you if you're unable to or are incapacitated.
The legal and medical grants of authority are separate documents.
4. If you have heirs or friends you want to have your possessions, you can explore creation of dual ownership now, with the assets to be transferred on death. Houses can be retitled this way. Financial assets can be shared this way. But obviously, you REALLY need to be certain of anyone's character, intent, support, etc. before creating these kinds of joint ownership documents.
Second, choice of individuals to act in your behalf. I think this is the more challenging issue.
1. As others have written, friends can act, as can professionals. Be aware that attorneys handling your estate are going to bill it; that could be a significant depletion of assets if billed at the attorney's standards rates. $250 to $300 and up, or even lesser rates for paralegals, will cut into the assets fairly quickly.
And attorneys do retire, or leave firms, so that issue needs to be addressed.
2. Good friends, business associates, etc. might also be candidates. Again, the criteria is how well you know and trust them. Eagle's post is very informative and helpful. She obviously gave a lot of consideration to her plans.
3. Some people rely on church friends; this is an option.
A caveat I have about friends is whether or not they have the knowledge to manage an estate, especially if it's in a trust. If you have reliable friends who don't, you might consider arranging an educational meeting with your attorney to help them be aware of what their responsibilities would be. It would be helpful as well if they could continue to rely on that attorney once their responsibiliies are activated. It provides some continuity.
I think overall that choosing someone, family or not, can be fraught with pitfalls. It's perhaps one of the most difficult choices we make with our lives.
What I haven't yet done for myself is discuss with my own attorney how to create joint assets for what little I have, or assets that are payable on death only so I don't have to worry about my meager assets being a temptation for anyone.
Perhaps the larger concern though is that no one in the family has any legal management experience, and that's not going to change, so I need to plan (as Eagle has done) so that hopefully any and all questions could be addressed by the "manual."
My aunt did this; after she died my cousin told me all her papers were together and in order, and it was easy for him to easily determine what assets existed and how he would manage them.
Wish I could offer more concrete solutions, but sometimes I think people who do have family can be tempted to rely on them, but never really know what could change along the way and whether or not the decisions made were wise.
The middle boy was closest in proximity to my mother when she began to show signs of memory problems. Against her will he forced her into a nursing home, then he took full guardianship, meaning he took over her finances. I believe this was all very carefully planned. I was financially not in any position to travel and couldn't do anything to stop this.
For the next two years my brother deprived me of family money that was rightfully due to me. He was well aware that I didn't even have enough to live on, not even enough to pay my rent nor put food on the table. I was unable to communicate with my mother by phone, and I doubt she could have done anything anyway.
Being incarcerated in the nursing home took its toll on my mom. I believe my brother was well aware that this would break her spirit. I was not told of the real cause of her death but from what I hear, she fell somehow, broke her hip, had a hip replacement and then, died a month later from an infection from that operation.
I grieved alone, knowing that it was best that way. I didn't want to be with my family that had caused me so much harm. No extended family bothered with me, nor even acknowledged my existence.
A year has passed and my brother was assigned as executor due to proximity. He is depriving me of my inheritance (which my mom stated clearly) by stalling, making excuses, and outright lying. I am even deprived of information regarding the estate which he is denying me.
As I figure, my only choice is to write a will ensuring that if I die, the money does not get taken by my brother, but is given to a worthy cause. I have contacted several charities but none so far has even bothered to respond. Do they not want a donation? This is a sizable amount of money.
I also have yet to get an attorney to return my calls and none seems willing to take me on due to my lack of money to pay right away.
I have had some success by doing the following: Threatening to get an attorney, or simply stating that I have one, or have consulted one. This does get results.
I am in the same situation and guess I will have to depend on elder lawyer to figure out a way. My friends have moved or now have grown kids and grand kids and only want to talk to people in the same situation. I supposed I could meet a handsome guy about twenty years younger.... just kidding.
There is also a website based in Asheville about women starting their own communities for older women and looking out for one another. It's called Women living in Community.
This is a real worry and I'm at least glad that I am not the only one.
my few friends are older than me.
I'm saddened that I've lived long enough for the important people in my
life to be paid companions or internet friends.
My thoughts go out to all in a similar position and I wish there was a group here
for older women (or not so older I'm 59) looking out for one another.
I'm glad you raised the charitable donation issue. I had completely forgotten about that. I can tell you that the ASPCA will respond; I get communications from them every so often. PBS will also accept contributions.
If you're inclined toward military contributions, VFW and American Legion both help veterans qualify for assistance; they're good organizations.
But there are a lot of scam organizations, especially in the military, animal and cancer fields. I've read of scams in the Native American field as well. One addressed someone who allegedly was collecting for donations to the Native Americans but had his financial hand buried in the donation cookie jar, and was in face sued by the people he was allegedly helping.
I don't even have enough money to live on due to what has happened. Every month, I am down to nothing and the debt collectors call and call. Also, I am having a lot of trouble finding a place to live and suitable employment now that I have bad credit.I don't have the money to hire "financial advisor" but what do I need one for? With so little, it can all be managed with pencil and paper, and anyone can write that the piggy bank is empty.
#2 Ask your CPA
#3 Ask your elder law attorney
#4 Ask your PCP