We have looked at what the roles and responsibilities of a durable power of attorney consist of, but what happens when no agent is named? Unfortunately, this happens quite a bit, and when it occurs the courts must get involved with the Alzheimer’s or Parkinson’s patient’s care and finances by putting guardianships and conservatorships in place.
These are not like court appointed attorneys, in the regards that the services provided are not free or paid for by the court. It will often cost the estate many thousands of dollars in attorney’s fees, ongoing court expenses, delays and family fights.
Many states do not permit Medicaid planning through a guardianship or conservatorship, which means that even if the patient with Parkinson’s or Alzheimer’s planed to protect his or her life savings from paying for the cost of long-term care in a nursing home, nothing can be done to stop it from happening.
If a guardianship or conservatorship has come into play with the care of your loved one, please contact a Cleveland elder law attorney as soon as possible. If this has not happened yet, it is imperative you get the documents needed into place before the courts are involved. An elder law attorney can give you, your loved one and your family the peace of mind they deserve.
