Many people In Thunder Bay have not planned on how they will care for parents as they age and become disabled. As a result, those people do not get Power of Attorney. Then after their loved one’s condition has deteriorated, they have to scramble to get the proper care in place. Finally, the family is left to pay high bills dealing with these problems, sometimes out of their own savings.
If your loved one has severe dementia, it is already probably too late to plan their estates and get a Power of Attorney drafted. In that case, it will be more costly and problematic to take control of their affairs through Guardianship.
What Is Capacity To Make A Power Of Attorney?
Capacity is a legal assessment about a person’s ability to understand the world. A person with capacity understands how cause and effect impacts them.
A capacity assessment first determines if the person knows who they are and where they are. Then the assessor asks them about the state of their family and finances. Finally, we find out if they can communicate how they want themselves and their things to be treated.
If they can express all of these things in a way that reflects reality, that is a good sign of capacity.
As a result of these permissive standards, it is possible to have capacity, yet live in assisted living for your disability. A lawyer can conduct a capacity assessment and determine if your loved one is able to plan their estates.
If they cannot communicate or do not remember their state of affairs, it is too late for them to sign Power Of Attorney documents. If one does not already exist, the person who wants to caretake for the disabled loved one must make a Guardianship Application/Order.
About Making An Application For A Guardianship Order
Applying for Guardianship may cost 10 times as much as getting a Will & Power of Attorney beforehand. Please push your loved ones to plan their estates, that way you will not be left with a heap of issues to deal with later on their behalf.
If it is too late to plan your loved one’s estates, Larson Lawyers would be happy to help you make a Guardianship Application.
Applying for Guardianship will require documents to be produced and filed at the courts. It could even result in litigation.
After the court has reviewed your application and any issues that arise are dealt with, there will be a decision.
If no one else applied or objected to your application, the guardian will most likely be you, the applicant.
What Can I Do If I Am The Power Of Attorney Or Guardian?
If you are their Power of Attorney for Property, you will be able to deal with a loved one’s financial affairs. Power of Attorney for Personal Care allows you to make medical and day to day decisions on their behalf. A Guardian can also serve either or both of these functions, after appointment by the court. Typically a potential guardian applies for both of these powers at the same time.
How To Get A Guardianship Order or Make A Power Of Attorney over Personal Care
Call Larson Lawyers now to make an appointment to discuss what is best for your situation.
If you or your loved one have trouble coming into our office we can do house calls, emergency hospital visits and even virtual meetings.
We understand that this is a difficult time for your family. We will ensure that this process is as simple and painless as possible. That way you can start making the decisions that will improve your loved ones life as soon as they are needed.