We Need Someone to Help Us…

power of attorney

We Need Someone to Help Us…

I just want to be a daughter/son. I want to visit with my mom/dad and not have to worry about paperwork and bill paying. I want to take my mom shopping and to dinner, and not have to worry about medical decisions. I’m too emotional to make a good decision. My brother/sister doesn’t agree with what I think mom/dad needs, but he/she doesn’t live here and see him/her every day like I do!

Do any of these sound familiar? If so, you may need to consider calling in a professional for assistance with caring for an aging parent or relative. Also, having a professional assist you can decrease family stress or sibling rivalry. Taking care of a loved one is hard, and usually has a great deal of emotional involvement. An objective third party can discuss decisions with family members, mediate family discussions or disputes and make decisions without emotional involvement. There are several options to consider:

Power of Attorney – someone is appointed to act in the place of the person . In order to appoint a power of attorney, the person must have the mental capacity to do so. A power of attorney can be revoked or changed at any time, as long as the person has capacity to make changes. Even though someone has a power of attorney, the person can still act alone, make decisions and sign documents. A power of attorney does not answer to any judge and does not have any oversight outside of the one doing the appointing. A power of attorney form should be drawn up by an attorney with the expertise to do so, as the state statutes are very specific about what a power of attorney should include.

Guardian – someone who is appointed by the Court and is responsible for decisions regarding the person. Immediate family members are notified of the proceedings. The person (“Ward”) over whom the guardian has control, no longer has legal capacity to make decisions, in most instances. The guardian must report to the Court. A legal proceeding is required to put a guardian in place. Co-guardians can be appointed as well.

Conservator – someone who is appointed by the Court and is responsible for decisions regarding the assets. The conservator may be the same person as the guardian, or be a different person. The conservator must report to the Court and financial transactions are approved by the Court.

If you are a caregiver and think you could use professional assistance to care for your loved one, call Essential Arrangements today.

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