CA Elder Attorney Recommendations?

CareFromAfar

Hello,

I last posted here almost a year ago now & much has happened since then. My grandmother passed away. My grandfather who is in some early/mid stages of vascular dementia was finally seen for a second opinion but he passed the test (just barely squeaking by in several areas). So for now, he is free to live life as usual despite the fact that his mind is definitely slipping. 

Anyways, since my grandmother's passing he appointed me as co-trustee in his trust and springing POA. His estate attorney is very kind, but I feel like it would be in my best interest to retain my own council just to have somebody review the trust and tell me in plain English how this could affect me. I also want somebody to double check that we are properly planning for medicaid when he ends up needing to spend through his savings for memory care.

Earlier this year I tried reaching out to a few CELA I found on the NELF website and got brushed off... thought maybe one of you kind folks might have a personal recommendation? He lives in CA, I live in WA so I need somebody who is willing to work with me by phone or zoom.

Thanks so much to this kind community!

Best, Jesica

JJAz

Check out this website. 

https://www.justia.com/lawyers/elder-law

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CareFromAfar

JJAz wrote:

Check out this website. 

https://www.justia.com/lawyers/elder-law

I will check this out, thank you!

CareFromAfar

Victoria, Thank you so much for your thoughtful reply! Wow, so many excellent considerations and food for thought here that I truly appreciate!

I really have no idea about what my rights are as co-trustee. I agreed to it thinking it would help me more seamlessly step in when the time comes... but later started pondering to myself if I'm now liable for any of his actions. I DID finally get one consultation set up with a CELA and will be using a few of your questions. Last time I reached out was back in March and one said they couldn't help me, the other seemed only interested in completely re-writing their trusts without even reading the old ones first. I got frustrated and gave up.

The short story is that he was diagnosed with vascular dementia by a neurologist, they reported him to the DMV and even sent a letter stating that he no longer has mental capacity. Then when he got mad they backpedaled and signed off on his DMV testing papers. His general physician wouldn't touch the 2nd opinion with a 10 foot pole! So we got him an evaluation by a geriatric neuropsychologist and that's the test that he passed (but barely). He also passed the DMV drivers test... I have no idea how! So no, unfortunately he is on the road and none of us are happy about it

He is okay involving me in the finances, but I can't get a straight answer from on how many credit cards are active or a complete list of assets just for my own records (I think because he doesn't know). His son has been opening his mail and sending me photos of anything that looks like a bill, and I'm slowly getting a handle on what's going on and trying to set up auto pays, online account access, etc. But his decision making isn't great and he's almost gotten scammed a few times already just in the last few months. 

He's stayed with me a few times recently and there are lots of noticeable symptoms. Large chunks of his long term memory are completely erased (we're talking major life events), strange wake/sleep patterns (waking up at midnight and starting his day, going to appointments 4 hours early "to beat traffic"), getting lost a lot even in familiar places, and general confusion that I can tell he's trying to mask. Especially since the dementia is being caused by strokes, I'm worried he could have another stroke at any moment and *poof* mentally gone.

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RyanBerger

Hey Jesica, sorry to hear about your grandmother's passing and your grandfather's condition. It's great that you're taking the initiative to review the trust and plan for Medicaid properly. I can imagine how frustrating it must be to get brushed off by CELAs, but I'm glad you finally got a consultation set up.I suggest looking for elder law attorneys who specialize in estate planning and Medicaid planning. It's crucial to find someone who is willing to work with you remotely since you're in a different state. I recently had some luck seeking legal advice on a slightly similar issue from military defense attorneys.
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