http://michiganelderlaw.info/2008/03/05/negative-inheritance/ Help for Michigan Seniors on Estate Planning, Disability Planning, Medicaid and Nursing Homes Mon, 07 Jul 2008 10:46:48 +0000 http://wordpress.org/?v=MU http://michiganelderlaw.info/2008/03/05/negative-inheritance/#comment-15 Carolyn L. Rosenblatt, RN, Attorney Thu, 06 Mar 2008 22:00:00 +0000 http://michiganelderlaw.wordpress.com/?p=35#comment-15 I am a nurse-attorney, working with a psychologist, helping with family conflicts concerning elders. Having a durable power of attorney for finances is necessary, and it is excellent planning to get one now. One thing the form you provide omits, however, is any mention of who will decide where an incapacitated elder will live and who will take care of him or her. Although the "living will" gives an agent the power to make healthcare decisions, the subject of where an elder should live when he or she cannot make decisions is the subject of many a family fight. It is good to spell out such preferences in advance, of course, but in case of incapacity, it is even better to designate one person who will make this decision for the elder. Stay at home with live-in help? Who will supervise and manage that? Go to assisted living? Skilled nursing? Money, personal preferences and availability of facilities in the elder's area must all be considered. Given that people are living longer than ever, and that most of us will need help before the end of our lives, think of how one can prepare for these questions, and how the standard durable power of attorney falls short of doing so. Carolyn L. Rosenblatt, R.N., Attorney at Law, HelpWithElders.com I am a nurse-attorney, working with a psychologist, helping with family conflicts concerning elders. Having a durable power of attorney for finances is necessary, and it is excellent planning to get one now. One thing the form you provide omits, however, is any mention of who will decide where an incapacitated elder will live and who will take care of him or her. Although the “living will” gives an agent the power to make healthcare decisions, the subject of where an elder should live when he or she cannot make decisions is the subject of many a family fight. It is good to spell out such preferences in advance, of course, but in case of incapacity, it is even better to designate one person who will make this decision for the elder. Stay at home with live-in help? Who will supervise and manage that? Go to assisted living? Skilled nursing? Money, personal preferences and availability of facilities in the elder’s area must all be considered. Given that people are living longer than ever, and that most of us will need help before the end of our lives, think of how one can prepare for these questions, and how the standard durable power of attorney falls short of doing so. Carolyn L. Rosenblatt, R.N., Attorney at Law, HelpWithElders.com

]]>