Financial responsibility
My 87-year old Mother has fairly severe dementia. I am currently paying for her to be in an Alzhemer's assisted living facility; however, I have not declared her as a dependent. The facility frequently sends her to the emergency room for falling, and all of the bills are forwarded to me demanding payment. I have advised everyone that I am not financially responsible for my Mother and that she has no money except for $1,100 monthly in Social Security. Also, I have neither formal Power of Attorney over her nor Guardianship. (My stepfather refused such arrangements prior to his death in April 2006.) What is the best way to ensure I can continue to give my Mother good care (I am trying to find help to have her at home) while not making me responsible for her bills. I am expecting to need formal legal assistance.
1 Answer from Attorneys
Re: Financial responsibility
The main issue you face is whether or not your mother is competent to execute legal documents such as a general power of attorney, health care power of attorney, or other estate planning documents. Some individuals with dementia have "lucid moments", or even hours of time when they are fully aware and therefore able to indicate thier desire to engage in estate planning.
As far as the bills go, in general I think it is important to state in writing and verbally to whomever you are dealing with that you are not agreeing to pay the bills personally (if you do not wish to do so).
Depending on your mother's condition, you may have to file to be the guardian of your mother in the Probate Court, which would then allow you to conduct some activities on her behalf (under court supervision).
More information would require a more in-depth discussion of the facts and circumstances. My comments are only general in nature at this point.
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