Legal Question in Elder Law in Michigan

Re: Medical Care

Depends. Can your father sign and understand a document. Just because a person is in a NH and has dementia does not mean they are incompetent. If he is not incompetent he can sign another Durable Power of Attorney for Health Care that is effective immediately for every day medical decisions.

If dad is not competent and on Medicaid there is a next of kin statue. If not on Medicaid then you will have to go to court to become your father's guardian and if he has money/assets that you do not have control over then his conservator also.

If he is not on Medicaid and you are paying privately and is in a NH that accepts Medicaid then there are many ways to protect and preserve his assets. The objective is to give him the greatest quality of care at the least cost of family.

There is a huge difference in elder law and estate planning. Here are a few links that would be in your best interest to look at.

http://www.brmmlaw.com/faq.html

http://www.brmmlaw.com/articles_news_interview.html

www.thecenterforelderlaw.com

As for me I specialize in Edler Law and my credentials can be found at http://www.brmmlaw.com/drosenberg.html

You can call me if you have any questions. I am in Troy not very far from Warren.

Don L. Rosenberg

[email protected]

Protecting and Caring for your family like our family.

248-641-7070