POA/Wills & Advanced Medical directives

[Bobby2016]

What is the name of your state? Florida

Good afternoon. I've just had to begin taking over mom's affairs. I'll try to briefly summarize the situation and then list questions I need help with.

Summary: Mom has two self-destructive OCD problems: compulsive hoarding and gambling. She completely destroyed her own home (Mom quit-claimed the deed to me while maintaining rights to survivor-ship). Mom is nearly 80, has (at least for now) abandoned her home and was acting as a live-in companion/care-giver to a lady in her 90's. During this time, mom injured her back, delved into some strong prescription narcos (acquired through the years of hoarding), stopped eating for 3 weeks, and suffered sudden onset short term memory loss. She is very independent and so did not ask for help sooner. This is when I came in, saw what was going on, and started taking over.

Actions taken: I got her medications on track, got her through withdrawals and eating again. I confiscated her remaining illicit prescription drugs, car keys, and bank cards. Since she is living in this other lady's home for now, I have also been cleaning out the hoard. I got myself placed on her medical insurance, and physician's office so they can share her info with me. The older lady's family got her a day-time in-home RN to help out, and I stay here in the evenings so both the older lady and my mom are safe.

Questions:
- What is the easiest/least expensive way to get a Power of Attorney in place and what type of POA would be best for my situation?
- Do I need a living will/trust to avoid the probate process? The house is paid for and in my name. Other than that the only assets are 2 cars.
- Easiest way to get advanced medical directives in place? If there is a way to get med directives/POAs online, is there a good website anyone knows of so I can avoid going through Ads and scam sites, etc?
- Lastly, options for mom? We have the Baker Act here in Florida, but from what I understand my mom's self-destructive behaviors are often considered lifestyle choices, and not a danger to herself or others. At what point do I consider involving family social workers, possibly taking mom's freedom? Does short-term memory loss make one a threat on the road regarding her driver's license? I have a large home, extra bedroom, and could easily accommodate mom in my home under normal circumstances, but I think I'd be setting myself up for trouble trying to live with the issues she's got.

My apologies in advance if this is too long of a post or if some portions are posted in the wrong forum area. Thanks in advance for all of your help.

-Bobby

 

[adjusterjack]

What is the easiest/least expensive way to get a Power of Attorney in place and what type of POA would be best for my situation?
- Easiest way to get advanced medical directives in place? If there is a way to get med directives/POAs online, is there a good website anyone knows of so I can avoid going through Ads and scam sites, etc?

"Easiest/least expensive" means you don't want to pay a lawyer to do it. Well, I'm fine with that. I don't like paying lawyers either. Unfortunately, legal websites like this prohibit participants from giving specific legal advice, and referring people to other sites, so you'll just have to take your chances finding forms on the internet, picking the ones that seem right, and hoping they will work in times of crisis. That being said, there are plenty of free forms online that will do the trick and the more you look at the more you'll find that they are all similar.

Do I need a living will/trust to avoid the probate process?

Do you need one. Maybe you do, maybe you don't. But I think what you are asking is "Does she need one?"

The house is paid for and in my name. Other than that the only assets are 2 cars.

Florida may have a simplified process for transferring title on inherited vehicles. You can find out by visiting the DMV. If not, Florida has a small estate probate process known as Disposition of Personal Property without Administration if assets are no more than $6000 (today's limit). If the cars' value total more than $6000 you might want to sell one or both or have her sign over the titles to you. If you do that, keep in mind that you will have to insure them under your name and list her as a driver under your policy.

Any bank accounts? Investment accounts? If yes, get her to list you as a beneficiary on the accounts so they don't have to be probated.

With all of the above, she probably doesn't need an RLT.

Mom quit-claimed the deed to me while maintaining rights to survivorship

What does that mean? Did she retain a "life estate" (google it) on the deed, or what?

Lastly, options for mom? We have the Baker Act here in Florida, but from what I understand my mom's self-destructive behaviors are often considered lifestyle choices, and not a danger to herself or others. At what point do I consider involving family social workers, possibly taking mom's freedom?

You're going to have to take that as it comes. Right now she has apparently allowed you to take over several functions. If things get bad, you are likely to have to go to court and get conservatorship or guardianship over her.

Does short-term memory loss make one a threat on the road regarding her driver's license?

It certainly could. Ride with her as frequently as you can so you can monitor her driving. You'll know when the time comes to have her licensed taken away.

I have a large home, extra bedroom, and could easily accommodate mom in my home under normal circumstances, but I think I'd be setting myself up for trouble trying to live with the issues she's got.

Your probably right. But someday you'll be faced with the choice of bringing her into your home or getting her into assisted living or getting home health care for her.

My apologies in advance if this is too long of a post or if some portions are posted in the wrong forum area. Thanks in advance for all of your help.

No prob. You're in the right place. Keep any further posts in this thread.

 

[Bobby2016]

Adjusterjack,

Thanks for the info! I found a website which supposedly breaks down by state free copies of those types of documents. I got the POA, Living Will, etc. I had friends witness and notarize. I am going to still take your advice and run these by a family atty. This is too important to trust from a random website. In FL, right to survivorship is a clause witht hte quit claim that as long as she is alive, she has a right to remain the lawful inhabitant of the home. I have started to get tests done to examine her competencies close so they can make determinations.