Blog Archives

I’ve Got Power of Attorney – Why Do I Need Guardianship? (Part 3)

Last week I told you that we had filed an application on behalf of Catherine, who was seeking an appointment as guardian for her dad, Jerry.  Catherine was very nervous that Jerry would fight it or that he would be angry with her for pursuing it. Nevertheless, she gave us the go ahead.  Her only […]

Read More

I’ve Got Power of Attorney – Why Do I Need Guardianship? (Part 2)

Last week I was telling you about Catherine and her dad, Jerry.  As a result of a recent fall, Jerry was hospitalized.  His health care directive, because it had been completed incorrectly, was useless and he refused to reveal to Catherine where his power of attorney could be found.  We were faced with the possibility […]

Read More

I’ve Got Power of Attorney So Why Do I Need Guardianship? (Part 1)

Catherine called concerning her dad, Jerry.  He had always been difficult “but Mom was able to deal with it”, she said.  “Since Mom died, however, things have gotten worse.”  Catherine faxed over to me her dad’s power of attorney and health care directive for me to examine.  But the conversation quickly turned to talk of […]

Read More

What Exactly is a Responsible Party?

Jenny took over handling her dad’s finances shortly before he entered the nursing facility.  As a dutiful daughter and agent under his Power of Attorney she saw to it that he was well cared for.  She visited him at the facility and paid the facility’s bill promptly until it was time to file for Medicaid.  […]

Read More

My Name is on Mom’s Checking Account (Part 2)

Last week we were discussing Melissa and her mom.    Melissa has been handling Mom’s finances for several years as agent under Power of Attorney – or so she thought.  We discovered that actually Melissa is a co-owner on the account.  She can still write checks, pay Mom’s bills, and access her account so does it […]

Post Tagged with ,
Read More

My Name is on Mom’s Checking Account (Part 1)

It’s an issue I deal with frequently as an elder law attorney.  Melissa tells me she has been handling Mom’s finances for several years.  She writes checks from Mom’s checking account and transfers funds from Mom’s other accounts, as needed, to pay the bills.  She says she does it because she has power of attorney.  […]

Read More

Mom Has $1,000,000. She’ll Never Run Out of Money (Part 1)

Paul called concerning his 88 year old mother who needs nursing home care.  “She doesn’t have a power of attorney.  I think she needs one”, he said.  I concurred but our conversation didn’t stop there.  As we always do, I asked him about Mom’s finances.  “Her income consists of Social Security of $1000 per month […]

Read More