| |
 Dear Signing Agents,
You need to REGISTER and have a password to post or reply to discussion topics. Please remember, your password for your listing on 123notary.com is NOT RELATED to and is different from your password on the forum. Your password on the forum can be whatever you want it to be.
|
|
  Be the first person to vote!
| Author |
 Topic  |
|
|
Renee
Michigan
549 Posts |
 Posted - 02/01/2010 : 08:40:28 AM
|
I am (hopefully) quite far from needing a Guardian (and no, you may not debate that point),but am putting our own ducks in a row now. My husband's father had Alzheimer's, and though we DID have every document you could possibly dream up, we still had a solid year of *Stuff* to deal with when he passed.
My grandmother died just after Christmas, 93 and FAR more lucid than I am. She flat out refused to set up a Trust, always arguing "Why should I?! I can make my OWN decisions!" And darn straight she could! However ...we're now in Probate, and my parents (HER children) are old enough that it's kind of beyond them, and it's falling to me. I am NOT having fun, it is not going to be cheap, and I know this will take at least a good year to wrap up.
If only ...whew, good for you in trying to stay ahead of THIS "if only". Best wishes to you. |
|
|
|
azdocsign
Arizona
89 Posts |
Posted - 02/01/2010 : 07:28:18 AM
|
Renee is absolutely correct. I was court-appointed guardian for my blessed Mother who passed away from Alzheimer's Disease.
Once a person is declared a ward of the court and has a guardianship, that person cannot enter into any contracts or agreements. This process can take many months to accomplish.
Talk to an elder law attorney as a trust probably is the best way to go.
Good luck in your endeavor.
|
|
|
|
Angel444
11 Posts |
Posted - 02/01/2010 : 06:02:29 AM
|
Thanks for your response. The person is no incapacicated at this time. The family is just trying to get their ducks in a row - should it happen. Hopefully it will not. The elder and the family wants to get it set up as quickly as possible - the area where we are - Rio Grande Valley in Texas has been cited as being the worst place in the US for overbilling and overtreatment - by the New Yorker. Elder and family want to have some measures in place.
|
|
|
|
Renee
Michigan
549 Posts |
Posted - 02/01/2010 : 02:26:00 AM
|
Guardianship is for the protection of minors or incapacitated adults. The adult can designate PRIOR to becoming incapacitated, whom they would LIKE to have appointed as their Guardian if they ever do become incapacitated - but that person is not empowered as Guardian until A)the principle is determined ultimately by the court to be incapacitated and B)the court approves the Guardian.
I am not an attorney, but it would seem that once a person is determined to be incapacitated, and provided the protections of the court via the court-appointed Guardian, it would not be possible for the person to dictate choices for a Living Will (or almost anything else). Once under Guardianship, they are Wards of the State.
If you are trying to assist an elder, and if that elder is NOT incapacitated, you might speak to an attorney about the elder establishing a Trust. If that person IS already incapacitated, you might still wish to speak to an attorney as the options are entirely different. |
Edited by - Renee on 02/01/2010 02:29:15 AM |
|
|
|
Angel444
11 Posts |
Posted - 01/31/2010 : 8:14:50 PM
|
I have several questions:
1) In Texas - does Guardianship of an aging parent need to be appointed by the State of Texas - or can the parent voluntarily appoint a family member (daughter and/or granddaughter) to be guardian.
2) In Texas - Can the Living Will and the Medical Power of Attorney be incorporated into the same document - or do they need to be two seperate documents?
Pleas respond asap.
Thanks, Ruth Flynn
|
|
| |
Topic |
|
|
|
| Mobile Notary / Signing Agent Discussion Forum |
© 123notary.com |
|
|
|
Tips for using the forum
The most important feature on the forum is the search box. You can look up a particular word, phrase, name of a company, and see a potentially large list of search results with which you can obtain data. Filters are also valuable. If you want to find popular posts, you can use the number of views filter. You can also see whats new with the active topics link. Email us at info@123notary.com if you need any help using the notary forum.
Resources
The notary public resource page is valuable as it has links to all of the free information pages for notaries. Pages linked to the resource page include a page that teaches you everything you need to know to get the most out of your listing. Another page teaches you all the secrets of getting paid. There is a link to our free list of signing companies. There is also a glossary, learning tools, and much more.
If you are a notary, the free tips we give are invaluable.
Popular pages
If you visit 123notary.com often, you might want to visit some of our most popular pages such as the California notary, Texas notary, Florida notary, and New York notary pages to browse the site. We also have valuable pages for notaries such as the free list of signing companies, and the resource page. Please also visit our get notarized and notarized letter page.
|
| |
Guardianship ;LivingWill;Medical Power of Attorney
