Blog Archives
Revocation of Powers of Attorney
Powers of attorney have been mentioned or discussed in this blog several times. “Powers of Attorney”
and “Weaknesses in Powers of Attorney,” in particular, explained the importance of a well-drafted power of attorney. An aspect that has not been discussed is revocation.
The ability to revoke a power of attorney is a major advantage over court-ordered guardianship or conservatorship (guardianship of the person’s worldly estate). A principal who signs a power of attorney may revoke it at any time. A legally-incapacitated person, and even a person who consented to guardianship, cannot revoke the guardian’s appointment. He or she must file a petition with the court to terminate the guardianship. It can be very difficult to persuade the court to terminate a guardianship. Many judges are very paternalistic and in many courts persons who are subject to the authority of a guardian or conservator have very few…
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25 Best Questions to Ask Your Aging Parents
By Dr. Katie Eastman, William Lightfoot and Elizabeth Hamilton-Guarino
From : Best Ever You
Former Sargeant, Bill Lightfoot, was a recent guest on The Best Ever You Show. Bill served with the Richmond Police Department for thirty-six years. He has served as an investigator and supervisor with the Property Crimes Unit, the Robbery & Homicide Division, The Narcotics Division, and the Criminal Intelligence Unit.
The show with Bill focused on caring for the elderly, elder abuse and ways we can be more mindful now to prevent or lessen issues later. To listen to the show Elizabeth and Katie hosted with guest Bill Lightfoot, click blog talk radio
The show prompted us to write these:
25 Best Questions to Ask Your Aging Parents.
1. What is most important to you about your aging?
2. If there is one thing you want to ensure happens when you are older, what would it be?
3. What are your three most important values? How do they relate to health, money and aging?
4. Have you thought about who best understands you and your values to make decisions on your behalf?
5. Do you have a certain idea/belief that you want to direct these decisions?
6. When you think about becoming medically challenged, what do you want others to know or to do or not do?
7. Do you imagine yourself living a certain way if you have future health challenges?
8. Do you have a living will or an advanced directive? (or Medical Power of Attorney)
9. Do you know someone who would best be able to make medical decisions on your behalf? Have you spoken with this person?
10. Do you know someone who would best be able to make financial decisions on your behalf? Do you have a legal Power of Attorney? Have you talked with this person?
11..Do you have a will?
12. Where do you imagine yourself living for the remainder of your life?
13.. Have you prepared yourself financially to support your aging medical needs?
14.. Is there an assisted living/nursing facility you would consider if it becomes necessary? Have you investigated different care facilities for quality/cost/needs?
15.. Do you have Long Term Health Insurance?
16.. Is there a friend/family member you would like to be closer to in proximity? What would this require if they are not close?
17. When did you last update your documents? Do you feel the need to update your documents? (Many fail to do this once they have a document in place.)
18. Have you discussed any of these decisions with anyone else? If so, who?
19. Do you have legal representation?
20. Do you have spiritual/religious beliefs and or a representative or organization in your life?
21. Is there any information/ documentation available somewhere (safety deposit box etc.) that may be needed to care for you?
22. Do you own objects that are sentimental and most valuable to you? Do you have them listed in a document/are they a part of a will?
23. What else about your aging is important to you?
24. Have I missed anything?
25. How can I show you the most love and support as you age?
More important than any question you could ever ask is to show love and compassion for the elderly.
Our Best,
Dr. Katie Eastman, Bill Lightfoot and Elizabeth Hamilton-Guarino
Dr. Katie Eastman
Katie is the Founder of Children’s Palliative Care Community. Mentored by Dr. Elisabeth Kubler-Ross, Dr. Eastman has dedicated her career to improving the quality of life for seriously ill and dying children and those who care for them. She has a Doctorate in child psychology and a Masters degree in medical social work. In addition, she has studied and lectured extensively topics related to grief and loss, pastoral psychology, thanatology and all aspects of pediatric palliative care.
Katie serves as a Chief Advisor on The Best Ever You Network and is the co-host of The Best Ever You Show on Blog Talk Radio.
Bill Lightfoot
Bill served with the Richmond Police Department for thirty-six years. He has served as an investigator and supervisor with the Property Crimes Unit, the Robbery & Homicide Division, The Narcotics Division, and the Criminal Intelligence Unit.Bill served with the Richmond Police Department for thirty-six years. He has served as an investigator and supervisor with the Property Crimes Unit, the Robbery & Homicide Division, The Narcotics Division, and the Criminal Intelligence Unit.
Elizabeth Hamilton-Guarino
Elizabeth is the Founder and CEO of The Best Ever You Network and host of the top-rated blog talk radio program, The Best Ever You Show. Her father, James Hamilton is a stroke survivor since 2004 and a kidney cancer survivor since 2011.
Elizabeth was resuscitated in 1998 from an allergic reaction.
10 Government Programs You Can Access for Your Elderly Parents
From AgingCare.com By Marlo Sollitto
Caregiving for an aging parent may stretch the budget as well as the caregiver’s endurance — that is, if you aren’t aware of scores of federal, state and even local government programs.
Access to assistance is as close as your computer, and, in most cases, you can apply online. Start by accessing two sites:
www.Govbenefits.gov – Gather up all the information you can on your elderly parent’s health, disability, income, wealth (as in property owned), whether a military veteran, education level and more. Access this site and answer every question that you can. Then, push the button and, within minutes, the site will respond with a list, details and access information for many, even scores, of beneficial government programs, supplements and/or services.
www.Benefitscheckup.org – This non-profit site will ask many of the same questions but may report added programs, details and contacts.
Here is a guide to the top 10 programs everyone who is caring for an aging parent should know about.
1. Medicare
There is more to Medicare than just the Part A hospital and Part B medical insurance coverage. If your aging parent is 65 or older and collecting Social Security, the insurance premiums are deducted from monthly benefits. Part D prescription drug coverage is subsidized by Medicare through payments to private company insurers who then fund an average of 90 percent of the cost of prescription drugs. If your parent is considered low income, receiving only Social Security, Medicare may subsidize all but about $10 of the monthly premiums. Ask and you may find a great cost saving for your parent.Medicare:www.medicare.gov Medicare Part D
2. Social Security
If your parent’s Social Security benefits were earned based on lower-paying jobs, and if the benefits are the only source of income, there may be a larger monthly benefit available by applying for its Supplemental Security Income (SSI) program. The program may be operated federally or in conjunction with your state government. The welfare-based Medicaid program is also administered through the Social Security Administration, though the operation may be directed by your state government.
3. Administration on Aging (AoA)
The AoA administers many national programs and services for elders, including health insurance counseling, legal assistance, protection from elder abuse and long-term care. The banner on the website has a link to Elders and Families, your starting point. This section also offers a specific link and service For Caregivers (see the left hand column.)
www.aoa.gov
4. Department of Veterans Affairs (VA)
If your aging parent is a military veteran and has a service-related disability, you may be able to apply for an increase in benefits, particularly if the disability has worsened over time. If he or she needs continuing medical care because of the disability, an application for medical benefits, hospitalization and prescription drugs may be submitted. There are several types and levels of VA compensation and pension programs. The VA has been slow in processing claims the past few years, but there is continuing pressure by Congress and the Administration to speed up its service.
www.va.gov
5. HIPAA
The Health Insurance Portability and Accountability Act of 1966 provides your elderly parent privacy of his or her medical records. It is a regulation and restriction program on health care providers. The protection should be of concern to you and other family members because, unless your parent signs a form designating each of you as approved to discuss your medical concerns with the physician, he or she cannot do such, even if you prove your family connection. Better sooner than later, access the HIPAA website for the information and forms, or secure the forms from a physician, and file copies with every health care professional involved in your parent’s care. HIPAA.gov
6. United States Department of Justice
If your parent has a disability, particularly with physical movement, learn about the Americans With Disability Act administered by the U.S. Department of Justice. Its ADA website offers briefings and cost-free publications on the regulations to grant universal access to the disabled.
7. Food and Drug Administration
Your aging parent is probably taking five to as many as 10 different prescription drugs, perhaps prescribed by different doctors. As caregiver, you should be aware of every one of the drugs, know its mission in the body and, particularly the side effects and conflicts with other medications. You want to watch for a danger known as polypharmacy. The federal Food and Drug Administration offers a giant database on every drug approved by the agency, listing active ingredients, purpose or mission of the medication, dosing recommendations and the side effects and conflicts.
www.fda.gov/cder/index.html
8. Your U.S. Senator
Every senator has a staff specialist on elder affairs, programs and services, probably in major cities of your state plus in Washington, D.C. The staff person can both advise and advocate for benefits or services for your parent. Know that bureaucrats listen immediately to an aide for a United States Senator.
www.senate.gov (Click the Senators link)
9. Your Congressional Representative
Most Representatives in the United States Congress also have staff specialists on elder affairs, programs and services and can provide both information and advocacy.
www.house.gov (Click the Representatives by State link)
10. Area Agency on Aging
There is a federally-mandated Area Agency on Aging in your county or city. This agency is staffed by professionals who know every elder program and service, including available funding sources, in your area. Staff is often aided by volunteers who serve as drivers for transport and Meals-on-Wheels, for respite services and other duties. Gather up the same information you collected for the two sites detailing the national, and even state, programs for which your parent may qualify and make an appointment to meet with a counselor at the Area Agency on Aging. The staff person can advise regarding programs and qualifications and even help prepare the necessary applications and documentation. Often, the counselor will even call a recommended agency, program or service to advise that your application is headed their way. Access your Area Agency on Aging through your telephone book and call the office for an appointment, at which time you should also ask if they have a website that you can access in advance of an in-person visit.
In Summary
Using these resources, caregivers can gain a world of vital information as well as increased income and services for their aging parents. And you just may find caregiving less stressful and demanding.
Related articles
- Getting Help with Initial Social Security Disability Application Can Speed Access to Benefits (prweb.com)
- CBO – Raising the Ages of Eligibility for Medicare and Social Security (bespacific.com)
- Senior Support Programs Still Bleeding Red Ink (money.usnews.com)
- Social Security and You: Starting Medicare Part B (mysanantonio.com)
Durable Power Of Attorney / Forgery, Undue Influence, & Notary Fraud
This document was produced by Mary Hackbirth Kirkwood * (unsure of actual name) several days after James Kelley and my attorney Matt Buergler asked her how she had the legal right to retain representation for my father, Ronald Kirkwood, to evict me from his home. My father had not known her name in years and had not been able to sign his name, hold a pen, much less understand a 16 page document such as this. This is all documented in his VA medical records, his medical records from Citizens Memorial Hospital in Bolivar, Missouri, as well as through witness accounts. Needless to say, both attorneys, James Kelley (of Oklahoma City) & Matt Buergler (of Oklahoma City), told her she was going to have big problems.
Peter A. Lee, attorney, guardian ad Lidem in guardianship hearing AND attorney for public administrator Janice Cagle, who served as co-guardian & conservator for my Dad, was made aware of this forgery and fraud of a DPOA. He stated when I gave this to him,
There is no question that this document is forged.
Peter Lee had the chance to save my father’s life. I gave him several file boxes of evidence such as this on a flash drive. He knew what was going on with my father & the neglect and abuse that was occurring. He assured me my Dad would be in safe hands under Janice Cagle. Little did I know, he also represented the public administrator of Cedar County, Missouri in addition to being former partners in law with the newly appointed Judge Dennis Reaves. Peter Lee was paid several thousand dollars when my Dad passed away. (as were Janice Cagle, Elizabeth Rohrs, of Bolivar, MO (attorney for Mary *), & even Mary * herself.) Judge David Munton of Dade County, MO approved all of this without proper notice of a hearing, at the least, to interested parties. (my brother & myself) Peter Lee charged my father’s estate almost $100 for trying to notify me of my father’s death. Thanks Peter! I found out via FaceBook.
Lark E. Kirkwood
Elder Advocates 