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Financial and Legal

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Change in POA

Asking a question on behalf of a caregiver without internet or email access. Her friend / neighbor has been diagnosed with dementia. Based on the description it sounds like early stage and may still have capacity to make decisions. The care recipient originally, signed a POA that gave control of her finances to her sister. Based on the description of the friend, the sister has not done a good job providing support and access to funds. The client is interested in making a change to her POA. What is the process and requirements to make a change to a POA?


Thanks!

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Ryan McGuire
Ryan McGuire
Oct 19, 2021

Thank you Carol. You, Toni and the team are such an amazing resource.

Medicaid Application

I am thinking Medicaid might eventually be needed for my loved one's long term care. I know there is a look back period, but what steps should I be taking right now?

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Sharon Sanders
Aug 28, 2019

Thanks Carol! These are great resources for me.

Medical loans in my mother's name?

Someone had mentioned that I can assist my mother to get a medical loan to cover some of the costs of assisted living since it had become a burden on my brothers and I to juggle everything and make sure she is still looked after. My money is tied up with bills, kids, and a mortgage, my younger brother is still paying off college debts, and my older brother has a family of his own. We can all chip in but we want to make sure she gets the best care if this is an option. Does anyone know the process of getting a medical loan for someone who has Dementia?

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Stacy P.
Stacy P.
Aug 15, 2019

Oh wow, thank you! I am going to check into this. I hope she does qualify. Getting care for her is something that will help everyone, we are just all worried about the cost. Thank you Carol for letting me know about this. I will check into this first thing in the morning and make some calls.

Should an agreement be drawn up between the family and the caregiver?

I have heard horror stories when taking on home care for parents and it has gotten me quite nervous. My mother is in need of help at home and we want to try to avoid making her leave her home if possible. We want to hire a caregiver but many people have talked about neglect and instances of elderly ending up in the hospital from malpractice and bad care. They were unable to sue the companies for compensation which made things worse.


Is it a good legal standpoint to therefore draw up and agreement to protect everyone involved?

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Carol Bertsch
Carol Bertsch
Aug 04, 2019

The best protection for your mother and the family is to use a reputable company that provides care giving services. The company will have a contract for your review; make sure you understand its terms. Using a reputable company means that the caregivers will be well-screened to begin with and, if a caregiver is not a good fit for your mother, the company's management can provide a different caregiver who suits her better. I do not recommend trying to find an individual caregiver yourself. However, if you become aware of someone who seems like a good option and who makes it through criminal and credit background checks, then yes, it makes sense to have a contract with that person. Keep in mind that it's unlikely you'll be able to sue an individual caregiver in case of a bad result because that person probably won't have any money and will not be insured.

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