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Elderlaw - Legal Issues While Parent is Still Capable
Posted on Sunday, July 3, 2011 by Education Center
It can be pretty stressful experience dealing with their parents' legal and financial decisions if they lose mental capacity. It is therefore important to take care of things before any major disaster or disease. My father is still mentally capable, it still maintains its status as a responsible party in his and my mother work. However, in the unfortunate event that my father passes before we are able to establish a power of attorney, we could be in for a big headache.
Here are some strategies to consider:
This is a difficult subject to raise, because many seniors want to maintain their independence. It is up to you and your family to decide whether the time is right to this discussion. You'll need to follow their parents to make sure that they are still capable. When you notice a drop in their judgments or cognitive abilities, especially when it is important to bring this issue up. Try to approach them as if they "need" to do anything, but it's a good idea to take it into account for every order. Be patient about letting them make this decision on their own.
Wills
What is it? It is a legal document that specifies where and to whom people will be left to the property after his or her smrti.Osoba applying must have the mental capacity to do so. There are various methods of making the will.
person can change his will at any time. He / she will not need to reveal to anyone, and will be kept in a safe place.
If you will not be completed before the person still has the mental capacity to do this, the community property (property acquired during marriage), will be given to the spouse. If no spouse, the community funds will be distributed to children. Separate property will be distributed to the spouse and other relatives. If for some reason, no family, property shall be given to the state.
Check with your local senior center to the advocacy of free services to help you with this.
Trusts
revocable living trust is a legal document that allows a person to determine what will happen to their property, while still alive, incapacitated or after death. They have the right to change or revoke this trust while still alive.
trust is set up so that the resources listed in the trust are "owned" by povjerenja.Koncedent, (individual with assets in the trust) can agree on two things:
Hospital social service
Hospital social service enables people to make their care decisions before they become incapable of making these decisions on their own.
in the Directive, the procedures and treatments are listed that a person can be included or deducted in any situation. Another term used for the Advanced Health Directive is a Durable Power of Attorney.
directive can select the "agent". Agent decides on an individual treatment of health care when the individual loses the ability to do so.
proxy:
There are 3 types of powers of attorney which are listed below.
Category Article Advanced Healthcare Directives, Elderlaw, elderlaw legal issues parent still capable, Power of Attorney