Updating trust while DH is still able to consent

RetiredTeacher

After reading various posts here, I realize time os of the essence to make changes we've talked about for years but never got around to doing. DH is in the early stages, still able to comprehend, give input and give consent. There is no CELA in my town. Closest one is 75 miles away but there are several trust attorneys close by. We will not qualify for Medicaid because we both have pensions which cover each other should one of us pass. My question is can I use the recommended local trust attorney to redo our trust snd do POA for medical and financial matters or do I need to drive to a CELA to meet our needs. Any info you can provide would be greatly appreciated.

Stan2

I'm probably going to catch some flack for this , but IMHO, while a CELA may have better contacts within the elder care community than another attorney, if they are not in or near your community they probably won't be any more help than any attorney who you trust to take on the job.

M1

I agree with Stan if you're not trying to qualify for Medicaid.

Beachfan

As another “retired teacher”, whose DH was also a retired teacher, I agree with Stan and M1. As much as I bi*tched while paying into the system, our pensions are generous and I was able to comfortably pay out of pocket for DH’s eventual 17 month MCF placement. Our CELA helped sort out assets, and designated beneficiaries so that upon DH’s passing, we didn’t have to go through probate. We would not have qualified for Medicaid (and DH’s MCF did not accept Medicaid so we were very fortunate). Good luck with your financial planning. **Just be sure to get DPOA (durable).

midge333

One thing I would do differently if I had a do over: Make the medical POA durable, i.e., not springing. My wife's regular POA is durable but her medical POA is not. At some point, two physicians will need to declare her "incapacitated" in order for me to make medical decisions for her.

Rick4407

I did not use a CELA. We set up trust where either of us could act alone to effect changes, durable POA's etc. We used a regular estate attorney. My feeling at the time was that though her dementia was evident, she would not ever be in a position to actually use the documents empowering her. As time progressed I acted alone to sell and buy real estate and manage her investments. There was never a problem. It probably should be noted that prior to dementia I handled all of our finances so there was no change in responsibilities. Rick

M1

Rick the only hole I see there is if something unexpected happened to you, who would act for you? You really need documents that specify someone besides her to act on your behalf if you can’t.

Stan2

https://alzconnected.org/discussion/comment/222059#Comment_222059

I agree. We did the same as Rick,however we named our daughter as a secondary on all documents.

addy103

https://alzconnected.org/discussion/70545/updating-trust-while-dh-is-still-able-to-consent

I would only use an elder law attorney. My husband was diagnosed two years ago. Went to a regular attorney first and needed all the paper work, POA, trust redone. Lost thousands.