Legal Question in Elder Law in Pennsylvania

helping with parents decisions

I am in CA and my parents are in an assisted living facility in PA. My mother has been diagnosed with the initial signs of Alzhimers, and my father is just ''slowed down'' considerably, Forgetful, etc. My parents aggree that it would be best if I took over all their finances and decisions of any importance.

My father has retirement income which pays for only 1/2 the monthly bill at the facility. After all his assets are used up the the facility will continue to care for him. I need to organize his assets and negotiate a plan with the care facility that will still leave them with funeral funds and some means of taking care of my older brother who is mentally disabled and living in one of their 2 homes. The other home is ont the market.

What steps must I take to take over for them? My objectives are to prevent the possibility of my parents falling prey to investment scams, (they have already), Make sure the payments are made to the care facility, (sometimes he refuses due to being honry). Even though they agree for me to help, I do want to set things up so that they cannot take back control and make rash decisions.

Thanks,

--name removed--


Asked on 1/01/06, 9:25 pm

1 Answer from Attorneys

CHARLES WEINER Law Office of Charles Weiner

Re: helping with parents decisions

If your parents have the mental capacity to execute a Power of Attorney (i.e. under the circumstances their physicians should provide an opinion)it will provide you with the authority you need. If they lack the capacity, then a petiton to appoint a plenary guardian is required. You will also need a Pre-need funeral contract and perhaps additional estate documents prepared. An attorney such as myself can advise and draft the appropriate documentation. Feel free to contact me to discuss this matter further.

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Answered on 1/02/06, 11:38 am


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