Does someone with dementia need a power of attorney and other legal questions answered

Welcome to the place where I share dementia tips, strategies, and information for family members caring for a loved one with any type of dementia (such as Alzheimer's disease, Lewy Body dementia, vascular dementia, frontotemporal dementia, etc.)

In today's video the kind people at Drake and Cash law firm answer all your elder law planning questions. If you aren't a part of my FB community, then you're missing out on the chance to submit your questions for future videos. You can join at the link below.

Below are time stamps to help you find the answer to your specific questions easier but I recommend you watch the entire thing :)
3:21 What’s the difference between a Power of Attorney and Guardian
7:53 How does someone make sure they have a “strong” POA
9:26 How is it determined when a POA is “in effect?”
12:49 Do you have to file the POA with the country clerk?
14:17 What’s the difference between Medicare and Medicaid and what’s the best way to protect assets for spouses?
17:56 Is there protection for family living in the home of someone with dementia?
19:46 What is a living trust and should you have one?
27:14 Is divorce recommended to protect assets?
29:00 Is an IRA and VA disability counted as income for medicare eligibility?
32:38 Can someone with dementia make a change to their will without their POA knowing?
37:07 Does everyone need an elder law attorney to help with planning?
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In case you haven’t met me, my name is Natali Edmonds and I am a board certified geropsychologist. That means that I am a clinical psychologist who specializes in working with older adults. One day, while hiking a trail, I came up with the idea for Careblazers and I decided to see if posting videos online could provide help to the many other Careblazers in the world who don’t get to have help come directly to them in their homes. I hope that this work helps you in some way on your caregiving journey.
#careblazer #dementia #dementiacare

[pennysutch]

I have dementia on meds. We have a will and Dnr. The money's are in trusts.Knowing this takes the stress off myself and family.✌

[marieteresa]

Great info as I am going through all of this right now.  My husband who has dementia had not done any advance planning. Thank God for my elder care attorney.  I don't know what I'd do without him.

[Terri]

Time stamps are amazing! So helpful, thank you!

[carolbiggs]

This was amazingly helpful information. I had more questions than I thought - and they brought them all up. I am going to seek out an Elder Attorney sooner rather than later!

[donnareeves]

I have seen wills changed a few times in my late husbands family. With that in mind, 15 years ago my parents made sure to have their will in shape. Now...my dad is toward end stages of Alzheimer. I am very involved with Dr. visits and meds as i am retired. 6 months ago, my mom took a fall and she is still recovering. She lost sight in one eye and had a brain injury. When that happened, I had to step in and take care of my dad while she was in the hospital...It was extremely traumatic for him. I have to explain to my mom...its time for a power of attorney (just in case). She has been forgetful and gets aggravated easily since her TBI and now has to learn to drive with one eye. So I'm doing my research so she and I understand it. Thanks...

[BYT]

Great information as I start this journey with my parents

[aprilj.]

This was so helpful. Thank you very much.

[vivianamorrison]

I wish I knew there things when my Mother needed a Nursing Home! She held everything in a joint account & I lost THOUSANDS of dollars when the Nursing Home took MOST of our money. Thank God I had
an Attorney who dealt with such things & informed me he was taking over talking to the Nursing Home, it only allowed her to repeatedly start calling him the 3 rd of each month! But thanks to his information he informed me I could withdraw $10, 000 per month! You should’ve heard the financial department SCREAMING that it wasn’t true !
IF it wasn’t for the exemplary Nursing care she received ? I would transferred
her in a New York minute! But the $$ would’ve still drained.

[dewboy]

I only recorded my POA for my mother with her banks. I will ask her doctor's office if I need to register it with them at her next visit.

[bonniecapewell]

I wasn’t even into this video 7 mins and I was totally overwhelmed and confused!!!
Too many words ... as a caregiver I am already overwhelmed and my brain is exhausted and now all of these legal words that a “regular “ person doesn’t have a clue what they mean .
Is there a POA for dummies ???
I couldn’t even finish listening to this .... 😩 I need help locally I think, it seems each state has their own rules/laws ...

[michaelneal]

This is very helpful but you jump past one of the most difficult situations disabled persons confront. A person already has a guardianship and then someone tells them they need someone with power of attorney to do something like, receive an inheritance when they need assistance in navigating that.

[se]

There are LTC companies who allow benefits to be passed down if the policy holder did not need it?? Also can you elaborate any more on the protection for family member living in the home of mom with dementia. In this case, Mom is in a facility. And her son has lived there looking after her for probably 10-15 years. What can some options be, and can the POA make decisions regarding this?

[donnaallgaier-lamberti]

Is it true that the husband/wife of the person with dementia is legally responsible to pay for their care center and other medical bills? Divorce is the only way to avoid paying those bills...and if the person going into the care center still has assets (like SS, pension, IRA funds, a vehicle) then those assets will be seized to pay for their expenses no matter what....I understand that there is "no free ride" but does the spouse who needs those assets to simply live/keep a home or condo/pay monthly bills get totally left out and end up on the street?

[beverlyjohnson]

My great aunt is 92 years old and lives alone. She has some dementia. She was scammed out of $86, 000 by someone telling her she won Publisher's Clearing House. The scammers are still calling trying to get access to her home and rental property. She will not sign a Will and I am afraid that she will sign over her property to these scammers in hopes of getting her "winnings" from PCH. I am her Power of Attorney and I wonder how I could protect her from herself.

[dementiadiaries]

With a Durable POA can you represent a loved one as a Pro Per litigant when a defendant has Dementia but has been served a complaint for hospital lawsuit?

[cariespencer]

I have a quick question since my got accident I took care of him to the hospital to and to skilled nursing Terafy but suddenly my husband son file POA while I'm around taking care of my husband what is the best I need to do and to know?

[dewboy]

On the question of caregiver that lives in the home of the patient, my mother's attorney suggested that I sell her home and my home and purchase another home in both our names. But I think that only gives me lifetime rights. At my death, I think the house would be sold and medicade would get her part and I guess I could will my part to someone. If you think the person won't need the medicare for 5 years, get their assets out of their name. You really need to go to a specialized attorney for this. An Wealth preservation attorney is who I got to help my mom out. I had already gotten a regular attorney to handle her will and POA, but decided to go back to an attorney that specialized in preserving their clients wealth in the cases like dementia. And to be honest, I think they still fell a little short of my expectations. But they were still far more thorough than the standard attorney was. The wealth preservation attorney actually gave me the legal right to invest my mom's money as I see fit. Of course it is important that you do this while the person with dementia still understands what they are doing, or it's not possible for the attorneys to do it. They asked me to leave the room and questioned my mom before allowing her to sign it. Thankfully, I got this taken care of in time. I had been trying for several YEARS to get my mom to do this because I knew she had a memory problem that was likely dementia. I would hate to know that at this point and time I still didn't have a Durable POA! It would be a nightmare! Having a Durable POA is the ONLY solace I have that gives me hope that I will be able to deal with what's ahead of me. Without it, I would feel screwed!

[loradietmeyer]

incompetence - does power of attorney also have the rights with this. What do we do if spouse is wanting to move the person, but doesn’t have power of attorney because they have been living apart for years.

[mirandaporter]

im not in the state. im in canada so i wonder how much of this info is the same?

[purplestewart]

Is this information the same in the UK Re Power Of Attorney.?