What happens when one can no longer make decisions due to illness?

Question

My grandfather is dying of severe Kidney Failure and enlarged heart. He does not want treatment. I am not Power of Attorney because he feels he looses all control, but when he passes away I am excutor etc. My question is this. I have a joint account with my grandfather on the checkings account but the savings account I am not. I am afraid that if and when my grandfather is unable to speak etc or even die, how shell I pay for his medical bills and care when all the money is in the savings? Can I have access to that by law? I WANT TO MAKE IT CLEAR I DO NOT WANT THE MONEY, I WANT TO PAY BILLS THAT HAVE ACUMULATED FROM MY GRANDFATHERS CONDITION AND CARE IN THE NURSING HOME. Please if anyone knows what I can do, I would appreciate your help. Thank you

Answer 1

Hello, your questions must be directed to an attorney -- not Yahoo Answers. Does your grandfather have a living will? Does he have a beneficiary named on his savings account? A lawyer could print out samples of a living will and of a power of attorney for your grandfather to review. He can modify them to his wishes, as long as they are in abidace with State and Federal laws. Arranging a meeting with him and an attorney to discuss these documents, in addition to probate and succession procedures may clarify and educate him about these processes and allow him to have his questions answered. A Power of Attorney is drawn up by a lawyer and executed in the presence of witnesses and notarized by a Notary Public--the same as with a Last Will and Testament. A Living Will does not have to be drawn up by a lawyer -- in fact, hospitals usually offer this service for a patient and the patient simply needs to ask them about providing him with this document which he can review and sign before a witness in the hospital. A Living Will does not need to be notarized. In a Power of Attorney your grandfather could specify as to what powers he wished to grant to you and in what situations you would be granted them.

Does he have a will? Considering he is dying, you should ensure his will is located as if he is still cognizant and coherent and aware, he may desire to have it updated before he dies and a lawyer could do this for him. Does he leave a spouse? Does he possess considerable assets? Oftentimes if a person owns property and leaves it to a bunch of ancestors, probating the will after his death can become a messy situation.

The lawyer would want to review his real property (land & building) documents and discuss this with your Grandfather. If he owes on a mortgage, etc.--all of his debts should be made known before he dies so they are sure to be paid, before assets are distributed.

After your grandfather dies, an accounting of all of his assets and debts must be filed with your local county court along with a petition to probate your grandfather's estate. An order must be submitted to the judge to appoint a person as a decedent's Executor or Administrator.

The process has different features if one dies with a will or without a will. Is your grandfather's will handwritten or typed up by an attorney? Some states may not recognize a handwritten will as legitimate.

Is there anyone else in your family who desires to serve as his Executor or Administrator of his estate? Is there anyone else who may want to receive Power of Attorney for him? If there is any animosity amongst survivors, it can cause court battles and tear apart families, especially if the estate is considerable.

Your grandfather may prefer to appoint an objective non-family entity to serve in these capacities. If he is unable to travel, many attorneys are willing to travel to his home to meet and execute these documents.

However, if there is any question medically as to if your grandfather still retains full conscious awareness and sound mind (called "capacity"), then the court may have to determine this issue before he could change his will or execute any legal documents. An example: say he decided to modify his will, but it was later determined he did not have capacity at the time he did this. Therefore, any modifications he made to his will when he was not of sound mind may be rulled null and void. Which could lead to court battles amongst families.

Your grandfather could have specifics stated in a Power of Attorney i.e. money is to ONLY be spent on his debts and expenses, and you must produce receipts to the court for all of these.

Good luck and hope this helps. When it comes to legal advice, remember that you should go to the source - a licensed attorney.

Answer 2

If your grandfather is still in mental control, then responsibility for payment of his medical bills falls on him, not you. You can explain to him that he needs to release this savings account so that his medical bills can be paid on time. Otherwise, the bills will have to remain unpaid until after his death, when you, as executor, can release the necessary funds.

If/When your grandfather is not ABLE to designate power of attorney to you or anyone else, you could have the doctors and a judge declare him mentally incompetent. Then the responsibility falls on the next of kin, which might be you.

Talk with your grandfather and stress to him that he needs to make his wishes clear NOW. The hospital or his medical insurance should be able to direct you to legal counseling to help resolve this issue.

Answer 3

There are different types of power of attorney and each grants the ability to make certain types of decisions. Since your grandfather is in a nursing facility, I'd suggest you talk to the social worker at the facility to find out what your options are and the best course you and your grandfather should take.

Answer 4

If you or your grandaddy forms a trust, he can grant all his possessions to it and name you as trustee. This will allow him to live the rest of his time in comfort without the worry of "losing" control. It will also allow you to pay anything with referrence to him (he would be beneificary).

However, the wording must be correct and exact to allow you the power to care for his estate.

Im no expert in this field, but I do know that it has been quite successful for others because in benefits from trusts are protected from creditors and maybe even taxation.

Many financial attorneys specialize in this because it is one of the best ways to protect assets.

The beneficiaries can be a lineage, thereby avoiding taxation (which isnt illegal, evasion is).

I hope this is helpful. Please speak to an attorney for specifics and a greater explanation.

Answer 5

contact a medical social worker at a hospital or the nursing home - they could tell you.

And believe me, if the nursing home knows that he has money and they are owed it (for costs not covered by medicare or medicaid) they will find a way to get it. If it is a large sum you may want to contact an attorney for help.

Answer 6

That's ridiculous, the kids having "bad genes". I'm the son of a bipolar mother who has depression and a father who has no mental illnesses whatsoever. Even though my mother has these illnesses my father loves her very much, and the illnesses haven't affected me at all. I wouldn't continue to date this man, he doesn't deserve you. I've only got a bit of depression and I'm dating a girl who's got some anger issues and possibly bipolar, and I love that about her. Because I love her as a person. So I would say that man is not worth you're time.

Answer 7

You can also obtain a POA in abstentia if/when he gets to the point where is either delirious, unconcious, or unable to make rational decisions for himself. Failing that, when he does pass, as executor of the estate, you will be able to access all his accounts to pay debts/bills.

Answer 8

They need to sign over power of attorney so that someone else can have the last say in his affairs. As far as i know there is no other way for you to have access, just explain to him that you need power of attorney for that exact reason.

Answer 9

In order to get access to it, if he won't voluntarily give you power of attorney, you have to petition the court legally to have him declared incompetent, and to be named his guardian.

The process usually takes a couple of weeks, because the court will send a social worker to interview him.

Answer 10

Someone else makes the decisions for them