Q: What do I need to do now? Durable POA? Mid term dementia...
This past week my Great Aunt was diagnosed with Dementia. I made the doctor appointment for her, took her there & she signed health care proxy. Family & I all seen the signs of dementia but no one ever stepped up other then my grandmother (great aunt's sister) my grandmother has me assist her in the care for my aunt. So now my grandmother & I have established a schedule to accommodate my aunt's need of day to day living assistance. I have a sibling that claimed he was taking care of her but has done absolutely nothing but live on her property expense free for 5 years. I don't know if there has ever been a POA signed or of what legal documents she has if any. I just want to be able to make sure she is happy, healthy, her best interest is priority & is no longer taken advantage of by others. She has property, stocks & bonds and I'm worried other people only have their best interest in mind not hers being that she has ALWAYS been a compassionate giver. What is the best legal route?
A:
If your Great Aunt is still is capable of meeting with an estate planning attorney and letting an attorney know what her wishes are regarding designating a durable power of attorney or other estate planning, or if she already has an estate planning attorney, then an appointment can be made for her to meet with an attorney who would represent her and make an assessment whether she is capable of executing legal documents.
If she is incapable of understanding or executing legal documents, then you or another family member should seek representation of legal counsel to represent you to discuss elder law matters or possibly guardianship. This second route would involve hiring an attorney to represent you or another family as you proceed to protect your great aunt.
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