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Asked in NY May 21, 2022 ,  0 answers

Parent with Alzheimer's

My Mom has alzheimer's and is incapable of taking care of herself. My parents have no will. Can my Dad alone write one up and designate someone to take care of her and her financial & health issues without her permission. There is one memeber of the family we do not wish to handle her affairs.

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3 Answers

Anonymous
Reply

Posted on / Apr. 22, 2009 14:41:00

Re: Parent with Alzheimer's

If Mom is incapacitated, then nobody can designate someone to take care of her, personally and financially. When someone designates a person in their Will to serve as Guardian or Conservator, that is only evidence for the Court to consider, it is not controlling or binding on the Court. It is the Court who appoints the person to serve as Guardian (personal and medical care control), and/or Conservator (financial control).

Someone must be appointed Guardian and Conservator for Mom, right now. The appointee could be your father, if he is capable and willing to serve, or someone else. That way, you or Dad choose who serves in that capacity and makes all decisions for Mom.

In my experience, when something happens to one of the spouses, it has detrimental effects on the surviving/healthy spouse. So, I strongly suggest that estate planning be done for Dad, at once. He should also make powers of attorney for the person he trusts to make decisions for him, both personal and financial, so that in the event that he becomes incapacitated or just wants someone to take over for him, the authority is in place and he is protected without the need to go to court to get legal authority to act on Dad's behalf.

It is very important that you take action immediately and that you get experienced legal counsel to help you and guide you through the necessary steps to protect both your Mom and Dad.

Anonymous
Reply

Posted on / Apr. 22, 2009 14:41:00

Re: Parent with Alzheimer's

If Mom is incapacitated, then nobody can designate someone to take care of her, personally and financially. When someone designates a person in their Will to serve as Guardian or Conservator, that is only evidence for the Court to consider, it is not controlling or binding on the Court. It is the Court who appoints the person to serve as Guardian (personal and medical care control), and/or Conservator (financial control).

Someone must be appointed Guardian and Conservator for Mom, right now. The appointee could be your father, if he is capable and willing to serve, or someone else. That way, you or Dad choose who serves in that capacity and makes all decisions for Mom.

In my experience, when something happens to one of the spouses, it has detrimental effects on the surviving/healthy spouse. So, I strongly suggest that estate planning be done for Dad, at once. He should also make powers of attorney for the person he trusts to make decisions for him, both personal and financial, so that in the event that he becomes incapacitated or just wants someone to take over for him, the authority is in place and he is protected without the need to go to court to get legal authority to act on Dad's behalf.

It is very important that you take action immediately and that you get experienced legal counsel to help you and guide you through the necessary steps to protect both your Mom and Dad.

Anonymous
Reply

Posted on / Apr. 22, 2009 14:41:00

Re: Parent with Alzheimer's

If Mom is incapacitated, then nobody can designate someone to take care of her, personally and financially. When someone designates a person in their Will to serve as Guardian or Conservator, that is only evidence for the Court to consider, it is not controlling or binding on the Court. It is the Court who appoints the person to serve as Guardian (personal and medical care control), and/or Conservator (financial control).

Someone must be appointed Guardian and Conservator for Mom, right now. The appointee could be your father, if he is capable and willing to serve, or someone else. That way, you or Dad choose who serves in that capacity and makes all decisions for Mom.

In my experience, when something happens to one of the spouses, it has detrimental effects on the surviving/healthy spouse. So, I strongly suggest that estate planning be done for Dad, at once. He should also make powers of attorney for the person he trusts to make decisions for him, both personal and financial, so that in the event that he becomes incapacitated or just wants someone to take over for him, the authority is in place and he is protected without the need to go to court to get legal authority to act on Dad's behalf.

It is very important that you take action immediately and that you get experienced legal counsel to help you and guide you through the necessary steps to protect both your Mom and Dad.

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