A little legal advice

   / A little legal advice #11  
I'd bet they have the forms right there and are well familiarized with the proper completion as well as having a notary if needed.
But watch out. I have an elderly disabled veteran BIL and when we arranged convalescent hospital rehab (thankfully short term before he got home again) the first thing they asked was list the value of your home and all other assets. Two different places seemed to want to keep him doped stupid indefinitely, to run up the daily charges.

Like I said it's a snakepit out there in the land of elder care. Some people see it as free money to grab if they can.
 
   / A little legal advice #12  
After executing my mother's trust I always thought you assigned to the most trustworthy family member. NOPE - it's the one you least like....

I managed the will for my parents. I spent about 200 hours, plus 4,000 vehicle miles towing trailers (which I loaded & unloaded) to move family possessions around. Then more time to get the family home ready to market, then list with an agent, then accept offers and sell.

At the end, I prepared a draft worksheet showing assets & expenses. I included an itemized log of hours spent, and receipts for about $400 in misc expenses such as items purchased to get the house ready for market, and boxes/moving supplies. My sibling felt it inappropriate to compensate me, objecting to anything for my time or direct out-of-pocket expenses. I repaid my out-of-pocket expenses from the estate cash, but made no further claim. My parents chose me because I am more responsible and detail oriented. But I understand the above sentence very well.
 
   / A little legal advice #13  
If you are coming to my office to sign a POA I charge $100. If you need me to come to the nursing home it is more to cover travel time. Cheap insurance to get it right. Also get her to do a health care power of attorney and living will at the same time. Not something you want to cheap out and find out when she is really sick and in need that you papers are not valid.
 
   / A little legal advice #14  
Having watched or had to go through it now 4 times with close family members, this is not something you want to cheap out on.

Hire an attorney and get it done the correct way--especially if:

1. You may have to move her our of state
2. You have to conduct business for her in another state
3 Deal with SS or Medicare
4. Open, close, change or update bank accounts or utility accounts.
 
   / A little legal advice #15  
The health care POA is important, especially with HIPPA. But in all my dealings with doctors and hospitals on Mom's behalf no one ever asked to see it. Saying I had it was enough. It was a real struggle getting both of my parents to do their living wills. Neither wanted to talk about or even think about dying. Especially Dad- he was really expecting to live forever. I had legal POA for Mom but Wells Fargo would not accept it. They wanted their form. Fortunately her alzheimers wasn't too bad in the middle of the day and she was pretty good at covering it up for casual conversation so the notary did not notice.

I had a lot of problems with Wells when I started handling mom's accounts. They'd been giving her info out to "affiliates" who sold her useless insurance. All I had was cryptic numbers that was taking money out of her accounts. Wells would not help me figure out who they were. After mom died it was like no one at Wells knew how to deal with a customer who had died. It took many months to close her accounts.
 
   / A little legal advice #16  
Having watched or had to go through it now 4 times with close family members, this is not something you want to cheap out on.

Hire an attorney and get it done the correct way--especially if:

1. You may have to move her our of state
2. You have to conduct business for her in another state
3 Deal with SS or Medicare
4. Open, close, change or update bank accounts or utility accounts.

In addition:
if there are investment assets then immediately, now, go open an umbrella account at Fidelity, Schwab, or Vanguard. Give them POA to demand all assets elsewhere be moved into this umbrella account. This is common among financial institutions. You may be sent a document to sign in a few instances but Fidelity etc will coordinate everything.

A disaster story: Dad had bought a few shares of ATT 20 years earlier, just as ATT was broken up. He eventually held small fractional shares in all the prior components of ATT - Western Electric Labs, SW Bell, PacBell, etc and also had subscribed to their various dividend re-investment plans ... all of this in the form of paper stock certificates that had been mailed to him quarterly as dividends were declared. He didn't have a brokerage account. The fractional divident-reinvestment stock certificates were an incomprehensible jumble by the time he asked me to help him sort things out.

I got a Fidelity account opened and took in all the stock certificates I could find. Fidelity tracked down what was missing and got everything on one monthly consolidated statement, data that had occupied some large file cabinets in Dad's study. One asset he was sure he owned but couldn't find documentation for was the cell phone division that had been spun off from PacBell. As a tech-bubble stock it had then grown in value far faster than all the other phone stuff. I finally found enough documentation to establish ownership and thought the problem was solved.

Then - Dad died in Y2K just as the market was crashing. Per his instructions I sold everything the following day, so avoided going down with the sinking ship. Except - That PacBell cell phone system spinoff had been acquired by Vodaphone of the UK and they didn't accept my Trustee papers as authority to carry out the sell orders I sent them. I watched this new Vodaphone investment crash a few tens of thousands of $ from its stratospheric high price while I was helpless to sell it, they ignored or discarded all the correspondence I sent them. Finally Vodaphone's sales agent told me they needed to hear my father in his own voice order the sale, by phone. i said he's dead, the helpful agent said that doesn't matter just call back tomorrow. Uh ok. ... That worked. Moral of the story - You need a brokerage to front for you in safeguarding and eventually distributing investment assets. Don't try to manage that aspect alone.
 
   / A little legal advice #17  
Oh man Wells Fargo.

They have a special division in Oregon to cheat orphans and widows that you have to correspond with after a death. That never ever acknowledge anything you sent them. They discarded 3 original Death Certificates I sent them and all the correspondence. I finally resolved closing that checking account by writing checks until it was down to a couple of dollars, then went into a local branch and wrote a check for what they told me was today's balance. They warned me that would incur 'below minimum balance' fees at month end. So sue me.
 
   / A little legal advice #18  
Wells Fargo again.

We discovered both my mom, and my wife's dad, had mysterious charges for a new Wells Fargo service they hadn't requested, to warn you if your account was hacked or something. Cost each of them $65 per month. It wasn't insurance to cover scam loss, just to inform you. We cancelled that 'service' for each.

It was clearly a 'prey on the elderly and don't tell them' charge.
 
   / A little legal advice #19  
Re all the Wells Fargo horror stories.... this is why I 澱ank at my local credit union.
 
   / A little legal advice #20  
I have been caring for more parents for the last 11-years and here is my experience. POAs and living wills are only good if they are accepted by the provider, rarely do they have a lawyer on staff that willing validate your documents. I have been told by laymen, they where to old, not specific enough and amazingly even Medicare will not allow you to use a Durable POA to make financial decisions for an individual without a court order. In one instance I handed my mothers current living will to a intensive care nurse and was told they can not use them if the patient is still conscious. The best advice is to find out from the provider what they need on file to allow you to take care of your parent/s. Be sure you and siblings are comfortable with your parents desires because you will be asked if you want them resuscitated regardless what thier living will says.

Except for personal financial matters this state "Advance Directive" form should meet most your medical needs, BUT ASK. The GA version only requires a witness but it looks like the TN form requires a notary.

http://www.caringinfo.org/files/public/ad/Tennessee.pdf
 

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