Power of Attorney + Dementia 2024
ฝัง
- เผยแพร่เมื่อ 8 ก.พ. 2025
- POWER OF ATTORNEY MYTHS BUSTED! 🤯 An Elder Law Attorney Reveals All
Ever been confused about power of attorney? Who can sign it, when it's valid, what a diagnosis means for your rights?
I'm spilling all the tea in this candid convo with elder law attorney Jane Allison!
Please note: This is NOT intended to be legal advice and solely for educational purposes.
🔥 We're busting major myths and getting real about:
✨ Whether someone with dementia can legally appoint power of attorney
✨ The role lawyers actually play (or don't play) in creating POA documents
✨ Real-life horror stories of POAs not being honored - and how to avoid this nightmare!
✨ Crucial considerations for Medicaid planning you can't afford to miss
✨ Why personalization is key when drafting POA paperwork
✨ State licensing requirements you need to know about
Whether you're planning for your future, navigating caregiving, or simply want to be in-the-know, this video is an ESSENTIAL watch.
Watch now and let me know your biggest "ah-ha" moment in the comments 👇
#powerofatorney #dementia #alzheimers #estateplanning #advanceddirective #medicaidplanning #guardianship #conservatorship #legalcapacity #elderlaw #estateplanningtips #willsandtrusts #probatelaw
If you'd like to contact Jane Allison Austin, you can reach her at austinlegacyplanning@gmail.com. You can also follow her on Instagram @janeallisonaustin
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As soon as my parents started having health problems I found myself having to help pay their bills & access their accounts just so they could focus on healing & I’m so glad at that time we decided to see an attorney to get the POA & trust made. I also logged all their passwords for all their various accounts so I could access them. Fast forward 2 years later & my dad has passed & my mom’s dementia has progressed significantly. It sure has made life easier & such a relief that her home & finances are protected!
yes I got DPOA for my parents and trying to get their estate and trust set up have been a total nightmare especially because my mom refuses a diagnosis
but overall, thank you so much for doing this content. It is much appreciated. I’m sure you will do a high-level summary.
Thank you very much … this is very helpful.
I'm good with this topic. thank you Ms. Austin and Natali
What if my mother won't sign anything or even talk about it ? She is extremely difficult and has dementia she lives alone , doesn't take care of herself , can hardly walk , This is so tough for me
I’ve got the same problem. My mom keeps saying “I’ll never need anyone to take care of me”. 😫
Thank you Dr. Natalie❤
Thanks, that was very helpful. Blessings to you both.❤
Extremely informative! Answered many of my questions. Thank you so much.
I feel lucky that we had the wherewithal to have documents reviewed and drawn up before my mom slipped too much. The DPOA is very broad and doesn't require her to be incapacitated. My brother and I are both named as DPOA in the same capacity. Rather than using the DPOA for her banking, my mom just added me onto her bank account which has made things extremely easy. My mom's estate is pretty much her house, her bank account and her investment account so I don't anticipate any issues however we did have a Beneficiary Deed made which should make things easier and save money when she passes and when we sell her home. That's one thing I don't think people know if available in some states and could save a ton of money later on.
What an enlightening conversation. This has been really helpful, from both of you. Thank you so much!
Glad it was helpful 💖
Fantastic amount of crucial info. THANK YOU!
Medicare language for long term care needs for our loved one. Good point. 👍
Power of Attorney for medical and Financial. We all need a POA.
Medicare "language " is Bullshit😊
My estate planning attorney executed a healthcare power of attorney effective immediately. The timeline in a hospital can prove precarious.... usually weekends in the middle of the night. Good advice to send it up to legal. I spent a lot of money to get my affairs in order. If a bank, doctor, or hospital doesn't honor it based on their "policy" they will see me or my heirs in court.
Thank you so much for all the crucial information. Our family wholeheartedly appreciate it for what best for our mother. God bless you all
Sending you love 💖
I worked out of state when i got the call mom was diagnosed with dementia..there was no power of attorney written up and its a mess. Since then ive been moms full time family caregiver and no siblings show up to ever help. But two of them CONSTANTLY making threats towards me. Ive stood up only for moms stern solid wishes and been attacked for it. I had to fight them off trying to push a blood transfusion which mom would never ever agree on her whole life..and the financial part of it which is there is no money and ive not benefitted one penny from it..i left my good paying job and its drained me to being broke now to. Ive tried getting her to a nursing home but she strongly refuses it..sure wish i did that power of attorney before this all took place. I dont want nothing but Mom healthy and healthy and her wishes and beliefs fully respected.but family members are always who show up to stir the pot..
😢
GREAT INFO. THANK YOU
Done!!!
I'm POA medical and financial for my sister. I had an accountant file her taxes. Evidently there is a form through the IRS that her attorneys didn't provide when she had all these papers drawn.up
She did her papers yrs ago because she has Parkinson's and knew she would get dementia. Now she has dementia and I filed the taxes and the IRS wants their form
What do I do??? She's in.a facility and very confused
So important to have a trust where the persons who are at risk of involvement with incapacity, will have stated their wishes in advance. Such that, should any such occurance take place in the future, they will have states their wishes in advance.
.
Good for you handling all that in advance! I like to say we want you to have all the legal work and powers in order so that when the time comes, you can have peace and just focus on loving your loved one. ♥️
My sister got hospital delirium and had to be put in a memory care. I got conservatorship and guardianship.. She has gotten better and I moved her to an assisted living facility. She has been diagnosed with vascular dementia.. can I dissolve the guardianship and conservatorship and get a power of attorney instead. In my state of Alabama, it’s quite expensive every year to have a conservatorship and I would like to get a power of attorney and she said she is fine with that..
In California, is it sufficient to have the durable power of attorney witness and sign? Or does it need to be notarized to be legal?
What if you are health POA for parent and you are unavailable ( out of country, having surgery, etc)- can you name a substitute?
My problem with this P of A stuff, is that on the one that my wife signed when we were legally separated, it said right on the form, that YOU MUST BE OF SOUND MIND when you sign this
-or something similar.
When she left the notary person, she said to my sons….”what did I just sign?”
They told her that you just gave Power of Attorney to your sister, over your financial and medical affairs.
Her response was “I don’t want her to have that!”
One language thing to watch for is the words ability to "convey" and "encumber" (or mortgage). Title companies will require this when selling real estate with power of attorney
Great conversation. It is moving so fast though that I am having trouble getting it all straight in my head. In fact, I think I have more confused after listening halfway through this thing. Could you do some sort of summary because the attorney is talking very fast and going back-and-forth and her conceptual descriptions that it is starting to swim in my head.
Hi there, check out our latest article based on this video: careblazers.com/power-of-attorney-dementia/
I do talk fast! 🤣 I’ve got to work on that - thanks for your patience!
I solved that problem by slowing down playback. Click on the gear button on the right top corner and press playback speed. I dropped it to .75 and was easier to focus. Thanks for all the great info!
@@janeallisonaustinesq.4419you provided a great deal of knowledge and information. This insight was useful and helpful. Thank you for this video. You are appreciated.
what if my husband passes away and he has a bank account and investments in his own name and no power of attorney, but I am named as the primary beneficiary on the accounts as his wife. Would I have issues with obtaining the funds in California?
I had to get my own Health Care Power of Attorney. Their attorney advised them they cannot "touch" my money at this time. My only choice in my my state, beyond Health Care Power of Attorney, is full guardianship. I do not need this for now. I trust my professionals enough to know when I am CLOSE to that point. I think being a former Social Worker makes all this easier for me to face.
Does a spouse of a dementia patient need a POA or Guardianship if they are low income and have no estate.?
Yes, everyone who has a body needs to have an advance medical directive appointing someone to make medical decisions if they can’t and a Durable Power of Attorney to manage finances - bank account/government benefits/SS - no matter how seemingly small the amounts. Otherwise a Conservatorship/Guardianship may be required where the court appoints someone to step in, and court is costly! Google your state and the terms DPOA and advance directive to find out if your state’s website offers form documents you can download for free and complete. You will likely need to have signatures notarized/witnessed so make sure to follow the directions on the forms to ensure the documents are effective. They won’t be as comprehensive as the plan an elder lawyer will provide, but they can be a great place to start if cost is an issue.
I’m totally confused! Conversation very fast. Back and forth so fast. This wasn’t helpful to me. My sister is in Indiana. I sent POA and Durable Health documents to her and they are taking her with the papers to a notary. This is all new to me. Doing the best I can. My sister is eager to give me the power to help her, but she still wants to control her life the best she can. She’s in a memory care facility. Not happy she’s there. It’s terrible. I live in California. I was just there in Indiana for 8 days. The papers didn’t get done while I was there. T 25:33 here was a lot to do…but now I’m trying from here to help her.
☀️🎈🛎💛💛🛎🎈☀️
My husband has short term Dementia In a nursing home The house is in the both name can I change the house in my name only I have the Power of attorney
Cute doggie!
Don’t forget to give a 👍🆙👍🆙👍🆙🤠
Too late for my husband 😟
❤
So a demented patient comes into your office, but seems fine and is expected to understand this intricate and convoluted law? Please. 'Tis ah case whereby the individual is more than likely to be railroaded. A qualified impartial physician should always be consulted & his/her professional opinion rendered in writing testifying to "client condition & competency", most especially when the client is elderly. Otherwise it's most likely going to be ah "money grab" by somebody? Who knows who?? Sure it happens every livelong day in this country. Just another species of elderly abuse.