Globe Syndicate

 

For release Friday August 26, 2005

 

 

The Sandwich Generation . . . Helping Your Aging Parents

 

by Carol Abaya, M.A.

 

 

LEGAL WORDING CAN CREATE

MORE PROBLEMS THAN SOLVE THEM

 

Readers Response:  Before she signed newly written legal documents, an elderly woman sent me copies, asking that I take a look at them. 

            As I have said many times, I am not a lawyer.  So, the following remarks are made with the idea that everyone has to protect self and family, and certain words in a legal document can create more problems than are solved.

            This was the case with the documents sent to me by this woman.  The Living Will (medical power of attorney) stated that the son could only make medical decisions if his mother “had been determined to be mentally incapacitated.”   This means that in an emergency the son would not be able to make necessary medical decisions.  Two doctors would have to examine the woman and officially declare the woman to be “mentally incapacitated.”  This not only means there is a time lapse preventing the son from making perhaps a crucial life and death decision, but it also costs money to have doctors evaluate the person.

            My recommendation is that in both medical AND financial power of attorneys any reference to mental incapacity is excluded, and that the designated representative be able to make decisions and handle affairs whenever needed.  Having either medical or financial power of attorney dependent on mental incapacity does not serve either the elder or the family.

            This woman also had an Revocable Trust, which was funded by her investments.

Her son was what is called “the successor trustee.”  This means that when the woman dies, the son can automatically take over.   HOWEVER, as long as the woman is alive (regardless of mental capacity or physical abilities), the son can do nothing in reference to assets in that Trust.  AND if the woman becomes “mentally incapacitated”, the son will have to get two doctors to evaluate her and make such a determination.  Again, this is time consuming and costly.   In any Revocable Trust, there should be someone (probably a successor trustee) who also has specific durable power of attorney for that Trust.

 

MORE SCAM ALERTS:  I have been inundated with information in reference to Medicare Drug Card scams. 

            So, warnings:

            (1)  If you get an uninvited call, email or knock on your door to sell you a drug card, it’s a scam, according to the National Consumers League.

            (2)  Don’t be fooled by sales materials that look like they’re from the government.  Private companies, NOT THE GOVERNMENT, are selling and are responsible for these programs.

            (3) You are NOT required to sign up for a drug card.  If you have a Medicare supplementary policy with a drug benefit, you can (and probably should) stay with your existing policy.

            (4)  Report suspected scams to the government, 1-800-447-8477.

            You are entitled to a drug card if you are enrolled in Medicare.  If you are in Medicaid (low income program), you may not be entitled to a separate drug program as there is already one in Medicaid. 

           

 

 

 

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Do you have a question? Send it in. Although letters cannot be answered individually, appropriate letters will be answered in this column whenever possible. Letters may be edited. Send letters to Ms. Carol Abaya, mail direct to her at PO Box 132, Wickatunk, NJ 07765-0132 or contact her through her web site: thesandwichgeneration.com.

 

Carol Abaya is an international-award-winning journalist and creator of the unique magazine The Sandwich Generation: You & Your Aging Parents.

 

NOTES TO EDITORS: text = 501 words; other material = 160 words

 

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