MOM/DAD FELL AND NOW THEY NEED HELP

You have received the dreaded call that an elderly family member has been injured and now needs help either returning home or preparing for them not being able to return home.  Does the family member have resources to pay for help at home, can they qualify for Medicaid, do you need to sell the house? Can the family member help you get the information and sign the documents?  Are they not competent to help you and you need to act for them?  What documents does the family member have in place to help them or help you help them? The following is from an experienced probate attorney.

Documents that can help: probate attorney near me

1. Healthcare Power of Attorney:  This document is completed when the issuer of the power – the family member – elects who can step up and make decisions regarding their healthcare since they cannot.
2. Living Will: This document is written by the issuer to instruct the medical professionals on what healthcare they want if they are not able to make the decisions on their own.
3. Financial/Durable Power of Attorney: This document is completed when the issuer of the power elects who can step up and manage their financial affairs if they are not competent to do so.  The holder of this power can ‘step into the issuers shoes’ and make any decision regarding the assets and money of the issuer.  The holder of this power can even sell the issuers house if necessary.

If the family member has not created these documents prior to the event that created the need for their use and they are still competent to create the documents contact an elder law or probate attorney and have them created and signed.
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If the family member did not create these documents prior to the triggering event and is not competent to create and sign them then you will need to apply to the Probate Court for guardianship of either the person – health – or estate – money/assets – the family member before you can act to help them.  The application for guardianship process can take several months and does involve the Probate Court having authority over the money/assets and, less restrictively, the healthcare decisions for the family member (Ward).  This process is complicated and you will need the assistance of an experienced elder law or probate attorney.  Moseman Law Office can help you through the process no matter if it is creating the needed documents or helping you apply for the guardianship and assist in working with the Court regarding the guardianship. probate attorney near me