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Thursday, February 06, 2014

MooPig Boomers Against Elder Abuse Department :: "Power of Attorney"

Do You Like Taking Money from a Granny?
Retrieved by Pat Darnell  |  Feb 6, 2014  |  Bryan TX

[Picture LINK] ... She has weathered her share of heartache over the years too; her best friend dying three years after a lightning bolt rendered her physically and mentally incapacitated ...

Yes, insanity has taken over. As if things couldn't get any stranger, abuse never takes a vacation. It seems like bad business follows us around all the days of our lives, from birth to old age. We find ourselves chin deep in rhetorical questions, but do we, as a nation, actually enjoy taking money from Grandma and Grandpa?

Why can't any institution in our system of governance, that includes all groups, not just our Federal and State governments, why can't they ever get it right? I have been around the healthcare business for 15 years and have always known about ugly things that happen to the elderly. I also have met and worked for a few who are rich because of their holdings in healthcare businesses that supposedly cater to the elderly.

The biggest problem the elderly have is whether they will outlive their money or not. Their money is held in many ways, but the question of guardianship when the elderly is incapacitated becomes a thrill ride for the aging. At a time when thrills are not exactly what aged people are seeking, drama picks them as its victims.

When they were young and had to do things for themselves, the elderly usually did not entrust their money to any one else. Also, neither, did most people get an attorney to correct every skirmish, disagreement and argument, nor accident.  In today's dealings there is an entire legal institution of sorts that deals with the elderly and their situations.

What Is a Power of Attorney?
" ... A power of attorney is a legal document that gives someone you choose the power to act in your place. In case you ever become mentally incapacitated, you'll need what are known as "durable" powers of attorney for medical care and finances. A durable power of attorney simply means that the document stays in effect if you become incapacitated and unable to handle matters on your own. (Ordinary, or "nondurable," powers of attorney automatically end if the person who makes them loses mental capacity.) (Shae Irving, J.D. retrieved today. LINK) ..."
This tactic in dealing with those who are mentally spent depends on one big assumption: the person who is now in control of the incapacitated elder by durable power of attorney, is not himself mentally incapacitated. That is a big if, because most people are not mentally equipped to handle their own affairs much less the affairs of another.

Each person has a choice to make in their own planning, and it is not an easy task.

The PPJ Gazette | ™ PPJ Gazette™ PPJG ™ PPJ including copyright ©: "Issues are things like Due process, the role of guardian ad litem, Mediation, guardian background checks, guardianship financial authority, ward’s rights–etc. There are maybe 5 or so states to highlight, including New Mexico, Texas, Tennessee, Idaho, and Nevada. In New Mexico, insanity has taken over."

'via Blog this

Some of the case histories, in the LINK provided, read like a TV drama episode, but not even that well written. Taking guardianship of elderly people is robbery, and not all that uncommon. Can this abuse continue?

The only way abuse of elderly will become a major issue in USA is if a stand up comedian takes an "Elderly Abuse" shtick on the road.

" ... A financial power of attorney can be drafted so that it goes into effect as soon as you sign it. (Many spouses have active financial powers of attorney for each other in case something happens to one of them -- or for when one spouse is out of town.) You should specify that you want your power of attorney to be "durable." If you don't, in most states, it will automatically end if you later become incapacitated.

" ... Or, you can specify that the power of attorney does not go into effect unless a doctor certifies that you have become incapacitated. This is called a "springing" durable power of attorney. It allows you to keep control over your affairs unless and until you become incapacitated, when it springs into effect. Again, you must specify that you want your power of attorney to be "durable." If you don't, in this case, your document will never take effect at all. (Shae Irving, J.D. retrieved today. LINK) ... "

Imagine this: You just had a stroke and are in no position to manage your assets or decide on your personal welfare. Who could do that on your behalf? That would be your spouse, or your adult children. What happens if both parties do not see eye to eye on certain issues? Read more HERE ...

Sounds like good advice, and well, it could happen to anyone to become mentally incapacitated, and our best laid plans can still backfire on us.


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