What legal documents do I need for mom who lives with me and has Alzheimer's?

Hello, I have already been through this with my mom so I think I can help.... You need several documents: 1. Get her a will. You will need this if anything happens to her. It will make things easier if you are going to be the executor & deal with her final aspects. 2. You need a financial &/or general power of attorney. This document will enable you to care for her business while she is living & will give you decision making power. Remember power of attorney documents only are in force while the person is alive. Once they pass you will need the will to continue taking care of her business. 3. Get a medical power of attorney and include the living will in the document. This way you have all the medical decision making and personal wishes for care in one document. Yes you need 2 power of attorneys one financial & one medical to ensure all things are covered. 4. Disposition of remains document. This states who be in charge of the body upon death and who is charged with making the funeral choices. This can be valuable if the family is large and many people are jockeying to be in charge of the dispostion of the body & the funeral. Families do fight over this sometimes. 5. You need HIPAA release documents. This will allow you to request things like medical information or anything HIPAA protected without her signature or approval. It can make dealing with certain things easier if you can access that information on your own with the document in hand. You need to find a good elder law attorney to help you draw up these documents. They specialize in this area of law and can make the documents suitable for the state you live in because laws governing these documents can vary from state to state. This was what my mother's elder law attorney suggested and so far these 5 documents have covered everything. Take care & good luck.

Imho, you would be wise to hire an elder law attorney.

It maybe that her SS is already set up with direct deposit.
This was the case with my Aunt and Uncle. After my Uncle passed away, the Social Security administration was notified of his death by the county coroner. They adjusted the my Aunts monthly SS payments. I didn't have to do anything!

Edit after the fact:
"You will have to set up a special account if you want to use electronic payment."
They (SS AND bank) may require you use the special account even if you don't use electronic payment. This is because YOU are the recipient of the funds - that is the check comes in your name as rep payee for your mother. Banks may not allow you to deposit this into a regular account.

While waiting for SS approval, talk with someone at the bank about setting up this account. Ensure you find a person who knows how to do this! Also, they can prepare for it, but can't set it up until you get the approval letter, not the letter to you and your mother saying it is being processed.

Final thoughts - IF at any time your mother might need Medicaid, either for a facility or to hire assistants, you will NEED to have those records anyway - 5 years worth. Best to start collecting them NOW. Despite our best intentions to keep a LO at home, there may come a time when it isn't possible and given she is low income, no real assets, Medicaid likely will be needed.

OneBlueMoon,
Durable power of attorney is essential.
Some how you need to have one drawn up. Include medical and financial. It needs to be signed by her and notarized.
After that, you should be able to carry out her affairs. Many times you will have to get a copy of DPOA to do her business. It can be daunting, but doable.
Although I am still new at this, I was able to file my Aunts taxes, set up auto pay for her bills, sell her house etc...
If Mom is unable to sign anything, you may have to seek legal guardianship.
Hope this helps!
Best of luck!
God bless!!!

Reporting/receipts:

"If I become representative payee, how do I document her spending? Portion of her income goes towards the rent and the rest is for her grocery and other needs. I usually purchase from the bulk store for everyone in my family. How do I document her portion? Do I show them the whole receipt? How to document her rent? What is the least complicated way to deal with documenting her expenses since I know the SS office will ask that?
Also, is being the representative payee, similar to POA for SS office so I don't have to drag her there everytime or talk on the phone with them on her behave?"

(One thing that would be good to have in hand when you see atty regarding POA is a simple care-giving contract (rent, etc.) This is more a CYA for you.)

The SS mails a form at the end of the year. Although you can fill it in and mail it, they also allow you to file it online. DO keep records of ANYTHING you spend her money on, but you DO NOT have to send any of these records. They are just for backup in case SS questions anything. If at all possible, try to split the purchases so you have separate receipts OR calculate, and keep records, on what % of these purchases would benefit her.

This is difficult, since she lives with you, so meals, laundry, etc are probably co-mingled, but if you see an attorney for the POA, they can probably guide you on what would be a reasonable %age could be allocated.

Again, the questionnaire is just the "big" picture, such as how much for housing, food, medical, incidentals, etc. It really is simple, so long as you keep track of her funds.

I also finished reading the other posts, and I do see those who say they didn't do the rep payee because it is a hassle. Although SS doesn't approve and can put that scope up your butt if they so choose, it *can* be done... however, if you move, have to change anything, etc., you have NO authority.

Sure, some say go online and create account on SS page for LO - DO understand this is considered FRAUD. Most online account applications for ANYTHING mandate that you VERIFY YOU are that person, and you are NOT. It is even MORE crucial when this is a federal system. The biggest hassle I had was getting the account open, because the CU doesn't do this often (likely because people circumvent around it, illegally I might add) and had difficulty doing it, even with their own "cheat sheet", aka How-To...
I don't have mom's in front of me, but it was only ONE page, less than a dozen questions, some just confirming you, mom, etc. They ask how much of her SS is spent on several categories, such as housing, food, incidentals, medical, etc. They also ask how much, if any, is saved in an account. This questionnaire is VERY simple to process - just keep receipts and any care-giving contract in a safe place. More than likely you will never need them.

This past year, SS sent a followup questionnaire to me, because I listed ALL of her income going to housing/meals. She lives in a facility and the cost is more than double her pension and SS income, so to keep it simple I list both as going towards that and any funds from her trust cover the balance and incidentals. I laughed at the statements in the letter!!! Oh, most people have other needs, going out, buying things, vacations, etc... Seriously - the pittance she gets probably would not even rent her a regular apartment, never mind food!! On top of that, she is 96, has dementia, hearing loss, macular degeneration and most recently refuses to stand or walk without major assistance!!! Where do they think she's going, to Australia for a well-earned vaca????

I also lambasted them because based on her income for last year (her share of the condo sale drove her income over the limit) they jacked up her Medicare. Tax consultant told me it will go back down next year, after this year's filing. Still.... bleed our responsible elders (HER savings are keeping her off Medicaid!!!) to death, but ...

Just read your fun with SS post. Yes, they will be like that. There is NO call for them to be so rude, but I can understand they are trying to protect elders from scams/abuse. Still... no call to be rude.

When my mother was still living in her condo, I was taking over her finances. Her main account was a credit union, but she had opened an account in a local bank for easier cash access. Her SS was directed there. I wanted to send it to the CU and close this, to make my job easier. So, I call HER local office and they had me put mom on the phone. My mother *would* be able to understand what was being asked and *would* approve it, but she has hearing issues and couldn't hear the woman well enough. Problem was she kept saying "I can't understand you" instead of saying "I can't hear you." I was about 3' away and could hear the woman fine, and just said mom, she just wants you to say it's okay to talk to me. Result? The SS woman repeated ever quieter, ensuring mom would NOT be able to hear her!! Finally she had mom give the phone back, and promptly, very rudely, told me I would have to bring her to the SS office and hung up on me.

So, what I did was use my POA at the CU and requested THEY divert (banks CAN put this request through) SS to this account. Initially the person said they can't, but I pointed it out on THEIR web page!

Once it processes, it stops the other deposit. At that point I could close the other account, get a check for the remaining funds and deposit that in the main CU account.

As I posted in another comment, you CAN request to be assigned as rep payee without having to take your mother to the SS office. Not sure how this would work today, with all the restrictions due to the virus, but they *should* be able to process by phone, even if they have to request various documents to prove who you are (ID, birth certificate, etc.) Call your local office - you may have to leave a message and ask for return call, or they may have a way to process rep payee online. If that fails, then try the main 800 number, but be prepared to wait, and wait, and wait.... See my other comment.

So, yes, it is understandable that they have to look out for elders and protect them, but they don't need to be rude to rebuff our attempts!!!

" I don't know if durable POA is enough for Social Security matters and insurance?"

Haven't finished reading all the responses, but as worriedinCali said, SS does NOT honor POAs. That said, MANY will tell you that you can just manage her account, but in reality SS does NOT agree. In our case, before the need arose, I was doing just that, using her account (2 of us kids are joint on it AND we have POA documents from years before dementia.) After we moved her to MC, the address needed to be changed to send W2s and other information to me, as I handle her taxes too and you can't forward ANY federal mail. NOTE: NO federal entity honors any form of POA. The rational is that the rules are so varied among the states that it would be impossible to manage! This applies to SS, Medicare, VA, federal pensions, IRS at a minimum. We haven't used Medicaid, so I can't vouch for that, but it is more of a state thing (federal funds, but state manages.)

Insurance and others would likely honor the POA, if you had one. Credit card companies are a bit picky - they allowed me to change address for bills, and have phone access, but limited some activity, esp online account.

Even though your mom has been tested and determined to have AZ, you say she is still somewhat capable. A competent EC attorney could approve her signing POA for you, IF s/he can talk privately with your mother. You don't mention what language, so you would have to find one who can provide an interpreter for your mom's primary language. YOU can interpret for her, BUT they won't likely allow that unless they know the language - you could be telling mom ANYTHING! Not likely you would, but they have to ensure it is mom who is understanding and approving.

Usually first (limited) consult is free, and there are many ways people are dealing with the inability to meet in person. Using your zip code, you can locate EC attorneys in your area and find one who might be of assistance. Use the link below:

National Academy of Elder Law Attorneys
www.naela.org

As for SS, call your local office, not the 800 main number - too long of a wait! They may be closed, but may be able to help you apply to be rep payee. I live in the next state from where mom was and called MY local office. It required going in for appt, answering questions, etc, but I did NOT have to bring mom with me or provide anything other than ID. They will process the application and notify both you and your mother in the mail. Once approved, the first payment as rep payee will be by live check. You will have to set up a special account if you want to use electronic payment. Check with the bank while waiting for approval. THIS was the only glitch in the process when I did it.

Once approved, you need to keep good records for how you spend her money. Once/year they require accounting, but it can be done online (they will link your SS account with this "new" account, making it simpler to have only one acct.)

I would still pursue getting a POA asap, before she drifts too far for an atty to approve her ability. Mom was already in early stages, but the atty determined she was still capable (we had these already in place, but had to update some things, mainly for trust, etc, after dad passed - you don't need that, just POA to manage her bank acct, insurance, etc.) The SS rep should be enough to cover Medicare, but that would be a good question for the atty. Draft all your questions before calling several attys, so you can decide which one to use. List should include ANYTHING you have to manage for mom. It isn't cheap, but it is worthwhile to avoid any complications later. Mom's funds can be used to cover the cost (if she doesn't have enough, perhaps they would be willing to accept payments or you cover the rest and recoup from future income?)

If you haven't already done so, I would suggest contacting an elder law attorney. Typical documents needed for an elder are durable power of attorney, advanced directives, and a last will and testament. Given the fact she has Alzheimer's disease, she most likely unable to execute these documents due to her inability to comprehend their meaning. I'm thinking you may need guardianship. However, if you are concerned about managing matters upon her death, if you are the only or oldest child, you may not have any difficulty managing her affairs. State law may also factor in this. If you can't afford an elder law attorney, legal aid or the area agency on Aging may be helpful too.

She should have a will to avoid probate. And/or have your name joint on all her accounts.

Definitely POA. Advanced directive is all set which is great,

Yes, for Social Security you will need to become her Representative Payee. Let them know she does not speak English and they will get an interpreter to be on the call. But, first just call them and ask what you need to do. And do also get a POA for finances and health related matters from a lawyer as soon as possible, while she can still understand and give consent.

Power of Attorney (for financial and legal matters) and Health Care Proxy (to make her healthcare decisions and gain access to her medical records). These documents are priceless. Try to get them ASAP. A lawyer cannot legally execute these documents if they don't feel the person is competent to make their own decisions. We did these when my mom had her Alzheimers diagnosis but was still able to legally consent.

Please see a lawyer, preferably one that deals with elder law. Have him/her draw up powers of attorney to cover medical and financial. Always keep the originals in a safe place. Have several copies made to give to folks that need it: her banks, her doctors, all insurance companies, any creditors...

Also check with her bankers and lawyer about how to handle her finances and estates when she passes. Every state has all kinds of hoops to jump through when handling the affairs of the deceased. They can help you put financial and legal pieces in place to streamline your work for that time period.

Either Court Appointed Legal Guardianship, or DPOA, would suffice. Once the person dies those are void. Estate planning should have been done by an eldercare attorney to avoid PROBATE and the Medicaid Estate Recovery Law. Whatever goes into probate, Medicaid can potentially seize after death. The funeral home automatically notifies Social Security, but if she's getting any kind of military benefit like stipend or Tricare for Life, they need to be notified by next-of-kin. Bank accounts, INSURANCE companies like homeowner's and flood...utilities..all of those need to be notified. It's a legal nightmare when someone dies that's why you need estate planning.
https://www.elderlawanswers.com/medicaids-power-to-recoup-benefits-paid-estate-recovery-and-liens-12018

Message below From OneBlueMoon
she needs help from someone sho has actually done the Rep Payee. I have not.

“If I become representative payee, how do I document her spending? Portion of her income goes towards the rent and the rest is for her grocery and other needs. I usually purchase from the bulk store for everyone in my family. How do I document her portion? Do I show them the whole receipt? How to document her rent? What is the least complicated way to deal with documenting her expenses since I know the SS office will ask that?
Also, is being the representative payee, similar to POA for SS office so I don't have to drag her there everytime or talk on the phone with them on her behave? 
Thank you.”

OneBlueMoon
in regard to your mom wanting to handle her own money. (I’m assuming she has a bank account maybe not) That’s what the banks and SS office and insurance want as well. When they have to deal with someone else their risks go up.
Your mom is handicapped in multiple ways. In order for her to continue to use you as her way to get by in life then she has to give you official, legal permission that is recognized by the bank and SS office and insurance. The individuals you deal with at those locations don’t make the rules and neither does your mom..,, and neither do you. So understanding the institution requirements is a must.
Your mom either trusts you to do what’s right for her or she doesn’t. The longer you wait for her to understand that, the less ability she has. Time is not her friend.
Use whatever works to paint the picture FOR HER to understand that she has to give you the recognized authority to interface with the world for her as she loses the ability to do so for herself.
A couple of ideas for you on SS. Write a proper letter (including date, SS#, BD and full name for each of you, explaining her problem and have her sign it, along with you and drop it in the box at the SS office. You can walk in and drop this off at the SS office I use. I don’t know about yours. You don’t wait for an agent, just drop it in the box inside usually located within sight of the front desk. In the letter ask for a telephone appointment and explain that if possible you would like someone who can speak her language to call. Leave your phone number, best time to csll, and keep a copy of the letter.
You May want to become representative payee for the reasons discussed (especially if she doesn’t have a bank account). It’s more paperwork on you but perhaps less stress overall.
For her insurance just call them with mom handy. Tell them mom wants you to speak for her and would they please send any paperwork mom needs to sign granting them permission to allow you to speak for her. Sometimes offices will take a verbal approval over the phone but that is usually only for that particular call. Of course you need to have identifying information handy to make it easy for them to know they are truly dealing with your mom and her representative.
I’m not defending the SS rep but they do have a stressful job. I had to go three times to get a problem taken care of for my husband so I do understand that they try to keep you with the same rep but the reps do have managers you could ask for.
I don’t use the SS office nearest me. It’s too busy. But I imagine they are all overwhelmed at this point.
Ask the rep what you could do to make it easier for all of you to get your business taken care of when next you speak.

Some states restrict what a POA allows as well. It would be best to contact an attorney if possible to find out what California requires in a POA.

Call your local SS office. There is a procedure for “representative payee”.
Here is a link to explain.
https://www.ssa.gov/payee/

However, if your mom’s check is being automatically deposited into her bank account you shouldn’t have any problems with social security. Well...in these times who knows what trouble can show up.

At the bank your mom can okay you being POD (payable upon death) and you can also be added to her account if she chooses so you can pay her bills by check or debit card. Do not commingle your funds.
Some banks have their own POA document. Check with her bank to see what they require for you to handle her business. Get it all figured out in advance and then take her by for a set appointment for any signatures required.

Be careful if using prefabricated POAs that one prints out online and then signs in front of a notary.

You need to read them carefully. Look at several to see similarities and differences. Google what should a POA include and topics of that nature. On this site you can go to the search and find articles on POA as well.

Many lawyers offer packages for as little as $250/$500 that will include a will, both POAs, Living will. All the forms needed for simple estates such as your mom’s appears to be. But states differ so check locally. Also hospitals generally have DNR forms that are free for the asking.
My aunts attorney will even update hers if needed. One of the alternate POAs passed away and she added a different person afterwards. No charge. Most attorneys use templates as well. The advantage is they use documents they have experience defending or interpreting in their local area.
You can call around to different attorneys and price shop to get the going rate if that will help you decide.

There is a degree of comfort in having an attorney that you have a relationship with and can call when needed.

Note: You check private messages by clicking on your avatar and then clicking on profile.

Just a heads up - even if you have an established POA over financial matters it will not be sufficient for social security and some banks, which have their own forms.

OneBlueMoon, check your Private Messages -- I sent you one.

This is not going to be a complete list. You say you have advanced directives? Did she designate you as POA for both health and financial matters. Once she is formally diagnosed with dementia, she can no longer make you POA. Are you spending her money for her? You need to keep records as to how that money is spent. If you take a portion for rent, which you could do, you should account for it. You did not give details. You say she has Alzheimer’s. Has she been tested? Has she been declared not competent to make decisions? If so, and if you are not already her POA, then she may need a guardian to make decisions for her. I think it would be best to have a meeting with an elder care attorney who can advise you of what you need based on your situation and state. This could be done over the phone or video conference as I would not want to wait.