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Tarajane, if hubby is still of clear mind with his mild dementia, he should be able to declare a person to be his Power of Attorney for his financial affairs and for his medical needs. If he assigned you to be his Power of Attorney, when there comes a medical emergency where he is unable to communicate, you will represent him and make the choices for him. The Attorney will be able to better explain.
Call an Elder Care attorney this week and set up an appointment. Also check to see if your Wills need updating [one should update them every 5 years or so, or anytime there is a major change].
tarajane, no, you cannot be a POA for your husband without his participation. He has to sign the documents and they have to be notarized. I certainly understand why you would like to take care of it on his behalf.
When all the paperwork was set up, the lawyer came to our house. I explained to her that he had lucid periods and periods of severe confusion. (This is characteristic of Lewy Body Dementia. Also the worst period of his entire 10 years came first, so at that time his symptoms were severe when he had them.) I explained that if he happened to be feeling paranoid he might refuse to sign and also accuse me of stealing from him. The lawyer said she understood and would simply keep coming back until she found him at a "good" time. Fortunately he was fine on her first visit. She asked him questions to be sure he understood what we were doing. He read the documents carefully. He even added to his healthcare directive that he was contributing his brain for research. We got all the documents done that day! Whew!
So, the good news is if hubby understands and accepts these "Just in Case" documents, the fact that he had early stage dementia will not stand in the way of getting this done. The bad news is, there is no way to get it done without his participation.
Good luck -- and let us know how this works out for you.
If your husband is reluctant, maybe you could do a POA for him and one for yourself, naming each other as the primary with a trusted relative or friend secondary on each. He might be more accepting if you explain that is it a good thing for both of you. Of course, he is unlikely to become POA for you, but the person named secondary will. Also, there will be a secondary for him in case you are unable to fulfill the role after he is no longer capable of signing new POA appointments.
If you, or your husband, is a member of AARP, please contact them and use their legal services network. Specify that you need an Elder Care Attorney [vs. Civil Torte, Accident, etc. - there are many different 'species' of specialties in the legal field], and based on your zip code [or preferred city], they'll give you the names / numbers of a few [they also have a site set up for that if you'd like to peruse it yourself. The wonderful thing is that you get 45 minutes of phone or personal consultation/legal work. Anything over and above is discounted 20%. i used the service for the first time today, and was especially pleased. It allayed a lot of uncertainties and i've now got a clearer sense of direction and a lot more confidence to finish the unfinished aspects of funding Mom's trust. Please - in your husband's state - you don't need to fully disclose details of his medical condition. He must be "of sound mind and body" to execute legal documents - DPOA for financial, medical and HIPPAA, especially. If his condition is mild enough to be undetectable in an hour's time [even if you explain to your DH that you've been researching and will do the talking, 'if he doesn't mind.'] People pick up on those who repeatedly ask the same question, for example. They call it rumination or forgetfulness... and then others begin to wonder. You're in a position that you while time is on your side, take advantage of getting documents in order. If you're not a member of AARP, you can sign up each of you over the phone - just get the membership number at the time of enrollment as you may need the enrollment number in order to get the services as promptly as you do need them. Knowledge eradicates fear so effortlessly! Please don't hesitate taking the lead, while Time is on your side, ~ prayers are with you. Blessings ~
Jeanne shows you the way to go, and I hope the process works smoothly for you.
Meanwhile, I wish we could have this printed on the top of all the relevant forms in bright red block capitals: power of attorney is not gotten, it is given. You absolutely cannot obtain POA without the informed and competent consent of the person giving it.
WHATEVER YOU DO...DO IT RIGHT AWAY!!! IF THERE IS ANY DOUBT AS TO HIS ABILITY TO VERBALIZE HIS WISHES...YOU CAN'T TOUCH ANYTHING THAT HE IS PART OWNER OF OR DO ANYTHING FOR HIM! NOTHING!
Another option not yet mentioned, which is much less costly, is to check your state's Elder pages, in our state MN they have a guide to what is DPOA, as well as Medical POA, and the Health Care Directive. The only cost to fill these out is your printer and having the forms notarized. If your husband is able to present himself as a competent adult in front of the notary near you (perhaps at your bank?) you need not go to the expense of a lawyer. Some people might split hairs over the fine points of POA document wordings, but, most states have a good basic one on their gov't website. So use it, if at all possible.
Malloryg8r, is correct. You can print forms and do it yourself. By the way your POA for healthcare does not need to be notarized only signature witnessed. Your Financial POA does need to be notarized. I did an extensive post on how to obtain and fill out these forms on palcaregivers. There really is no need for a costly process unless you have a lot of financial holdings. Best to you.
Be sure to get that POA (both financial, and medical ) DONE. As in, ASAP!!! things can change in flash, people can have a stroke or bad accident, or drug reaction, and become beyond the competence level required to complete these forms. ALSO-- keep in mind and bank or other financial institutions (including SSA, and VA....) these DO NOT accept any type of POA, even those that you paid a couple grand to have an attorney prepare (!!!). You will have to bring your husband to EACH of these places and have him sign THEIR paperwork. Sorry to be the bearer of bad news on that. The other bit of advice--if your DH has life insurance, or any type of beneficiary situation, keep in mind, becoming his POA does NOT give you legal right to change his previously stated beneficiary name(s) or percentages. Also if he had an account designated "POD" or "TOD", only he himself can change or add a person name to these accounts.
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.
Call an Elder Care attorney this week and set up an appointment. Also check to see if your Wills need updating [one should update them every 5 years or so, or anytime there is a major change].
When all the paperwork was set up, the lawyer came to our house. I explained to her that he had lucid periods and periods of severe confusion. (This is characteristic of Lewy Body Dementia. Also the worst period of his entire 10 years came first, so at that time his symptoms were severe when he had them.) I explained that if he happened to be feeling paranoid he might refuse to sign and also accuse me of stealing from him. The lawyer said she understood and would simply keep coming back until she found him at a "good" time. Fortunately he was fine on her first visit. She asked him questions to be sure he understood what we were doing. He read the documents carefully. He even added to his healthcare directive that he was contributing his brain for research. We got all the documents done that day! Whew!
So, the good news is if hubby understands and accepts these "Just in Case" documents, the fact that he had early stage dementia will not stand in the way of getting this done. The bad news is, there is no way to get it done without his participation.
Good luck -- and let us know how this works out for you.
Meanwhile, I wish we could have this printed on the top of all the relevant forms in bright red block capitals: power of attorney is not gotten, it is given. You absolutely cannot obtain POA without the informed and competent consent of the person giving it.
You will have to bring your husband to EACH of these places and have him sign THEIR paperwork. Sorry to be the bearer of bad news on that. The other bit of advice--if your DH has life insurance, or any type of beneficiary situation, keep in mind, becoming his POA does NOT give you legal right to change his previously stated beneficiary name(s) or percentages. Also if he had an account designated "POD" or "TOD", only he himself can change or add a person name to these accounts.
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