Elder law appointment

mpang123

I finally have an appointment with elder law 5/20. The initial consultation is free for 1.5 hrs. I am taking my mom there and discuss her will, setting up a trust fund, Medicaid planning and estate planning. Mom is very concerned about the lawyer fees. I am afraid she will not proceed with the lawyer after the consultation. I am my mom's DPOA. If she doesn't want to see the lawyer because of the cost, but if I can afford it, can I pay the lawyer fee even if my mom disagrees? What are my rights as POA to seek elder law for my mom?

ARIL

Others on this forum will be more experienced in this arena than I am, but I do have a few thoughts. You can always consult an elder law attorney yourself, and that person can tell you the extent and limits of your ability to act on your mother’s behalf as DPOA. These things are governed by state law, so there is variation.

But there are also commonalities. I don’t think you could create legal documents for your mother that would benefit you (as an heir) in the future. But the attorney can explain everything and will have experience in working with people at this stage of life.

FYI: Although my parent already has a will in place, I have consulted elder law attorneys to discuss other legal issues. I went alone and got advice as a DPOA; I shared a copy of the will and other estate documents. A friend of mine likewise consulted an attorney to deal with Medicaid for his mom as her DPOA; she was not able to be involved.

Glad to hear you have an appointment! Good luck.

mpang123

Right now my Mom is agreeing to see the lawyer. I told Mom I have all the paperwork ready... financial statements, medical POA papers, her assets, etc. I'm trying to reassure her that I'm seeking elder law for her benefit and how important it is to seek legal counsel so everything will be arranged when the time comes. She needs to update her will and I'm going to help her set it up. I'm doing lots of research to be better informed about the legal process and hope things will go according to plan but I need to be prepared if things don't work out. I think Mom trusts me that I'm genuinely trying to help her so I hope she will let me take the necessary steps needed. Because she has beginning stage of Alzheimer's, she sometimes don't think logically and that's what I'm worried about. But if I have POA, I think I can make the final decisions for her. I just don't want her upset at me...