Elder Care Law : Conservatorship

[CastleRubric]

Anyone here with advice on seeking conservatorship with an elderly parent with dementia?

I have an appointment with an attorney’s office on thursday to walk through the process/regulatory implications but thought others may have wisdom to share as well

 

[anthonys735]

@_Chase_

 

[Hank Camacho_rivals115797]

I've done them many times professionally and had personal experience, as well. There is a lot of ******** on the internet. If you are meeting with a lawyer, your best bet is trust him or her.

It sucks, man. Stay sane while dealing with the heartbreak. Find a good lawyer and trust him or her.

 

[_Chase_]

Anyone here with advice on seeking conservatorship with an elderly parent with dementia?

I have an appointment with an attorney’s office on thursday to walk through the process/regulatory implications but thought others may have wisdom to share as well

If you want to talk shoot me a message here or on Facebook with your number. But I’ll echo what Hank said. If you’re meeting with an attorney, just do what they say (assuming they are competent).

 

[JDHoss]

Yes, find a reputable lawyer.

 

[CastleRubric]

thank you guys - i may come back and
seek more specific advice after the thursday mtg — really do appreciate it

 

[Mossip]

If you want to talk shoot me a message here or on Facebook with your number. But I’ll echo what Hank said. If you’re meeting with an attorney, just do what they say (assuming they are competent).

Is your practice primarily elder law these days? Did you do anything to relearn that area of the law? My brain is very much use it or lose, but I've been flirting with the idea of switching over to this kinda work (my local demo i$ perfect and there isn't much competition if any).

Seems like great work. Just helping people and nobody is "losing".

 

[_Chase_]

Is your practice primarily elder law these days? Did you do anything to relearn that area of the law? My brain is very much use it or lose, but I've been flirting with the idea of switching over to this kinda work (my local demo i$ perfect and there isn't much competition if any).

Seems like great work. Just helping people and nobody is "losing".

I do quite a bit of it, but I also do criminal defense, PI, probate and normal estate planning.

Yeah, it took quite a bit for me to learn it, since it’s tedious as ****. I joined Elder Counsel, went to an Elder Counsel immersion camp, listened to a **** ton CLE classes on it, read books on it, and read the Medicaid manual. But yeah, it is very rewarding, the clients can pay, and there is only going to be more of them over the next 20 years.

I highly recommend Elder Counsel, and if at all possible partnering up with someone experienced.

 

[Mossip]

Cool deal. I didn't know about Elder Counsel. It's just a pipe dream at this point, but I'd really like to put it in my portfolio. Thanks, dude.

 

[vhcat70]

In KY, if the person doesn't have a DPofA for Health, doesn't it have to go through a jury trial?

 

[_Chase_]

Yes. It is incredibly important people get their aging parents to sign one.

Guardianship/Conservatorship is a massive pain in the *** that can be easily, affordably and completely be avoided.

 

[CastleRubric]

So i just returned from meeting with the attorney and it went much better than expected

I had assumed the POA option was no longer possible b/c a notarizing official wouldn’t likely find her of sound mind

But the Sr attorney said that the option was still on the table so we drafted a new POA and he assigned his JR Attorney, Notary snd. separate witness to accompany me to moms bedside at her facility nearby and we got it fully executed right there -

BUT we’ve learned that AARP somehow obtained decision making authority over her medicaid — they’re refusing to allow medicaid to kick in and cover her rehabilitation stay past TODAY -

My understanding was that Medicaid came with specific guarantees in this situation for continued coverage

I have to put it into use immediate as AARP has somehow obtained decision making authority over her medicaid coverage and has denied our “appeal” (pre POA) for medicaid support in further support —

Which NO ONE here has ever heard of before

Should i have reasonable expectation that a family endorsed fully vetted POA would overturn their position in this equation?



Calling now to get more specifics on that rodeo. -

 

[Mossip]

AARP has POA? If she is of sound mind, that can be revoked at any time for any reason. Kind of confused as to why the revocation of any previous POA's wasn't included in the document you endorsed today.

I'm not the one to clear this up for you, but maybe getting the answers to those questions will get you the fix.

 

[Ukbrassowtipin]

Better Call Saul

 

[Bigblue2023]

Dealt with a lot of these issues several years ago, and it’s the most frustrating red taped process I’ve ever experienced. The lawyer did know what he was doing, but it was still an awful process.

 

[vhcat70]

The lawyer did know what he was doing

Now there's a surprise.

 

[vhcat70]

Something I learned & will never let happen again, is that in KY that if you don't leave your estate to a direct descendant, spouse, ancestor, or sibling, it will get hit with a 14-16% inheritance tax. Mom left a piece of hers to my sister's widower & that part got hit with this. Not big bucks in our case, but could be.