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Sidsdaughter6 Asked February 2022

My 74-yr-old aunt was diagnosed with dementia. How do I get everything in order that she asked me to do for her when she keeps putting it off?

My aunt is giving me her home and property. She wants me to move in with her, but every time I say ok let's do it she says no not today or next week. She always finds an excuse, and sign all the legal papers with attorney. My aunt always says don't worry it's all legally taken care of. I been respectful tried not to be pushy but I need to find out what exactly needs to be done before she doesn't know who I am or who she is. They took her drivers license away 5 yrs ago. I live 2 hours from her and make the drive at least once a week. What do I do before someone just comes in and takes over? Who do I can't before it's to late and I don't have a say so in her well being, her home, her assets, her property and her? Please advise soon.

JoAnn29 Feb 2022
You have gotten some good info here. My first thought is if her licence was taken away 5 years ago for Dementia then she is passed being able to sign anything. My MIL promised her car to more than one person, my grandson was one but never added a codicil to her Will. So the POAs daughter got it. We were never explained why.

I think at this point you need to forget what Aunt says. That 2 hour trip need to be just to visit her. When she gets to the point she needs more care, then APS needs to be called in because legally you will not be able to help her. I would not give up my life based on what I may recieve without seeing it in writing. And if she ever needs Medicaid, there will be nothing anyway. It will all go towards her care.

AlvaDeer Feb 2022
I would avoid all of this were I you. Giving you a home is "gifting" at worst and "hiding assets" at best and could be the cause of a whole lot of trouble when your Aunt needs care or medicaid in the future. Those on Forum who we seek move in to care for elders with all sort of promises and no pain, giving up home and living arrangements and jobs, often end up in shelters, homeless and jobless.
Go on with your life. Your Aunt should be entering care. If she has no one else to act as her POA the State will take on being her conservator, handle her assets and bills and finances and see to safe placement for her.
Caring for a cooperative senior is hard enough. Caring for an uncooperative senior is a nightmare that will leave you mentally and physically wiped out to say nothing of finances you need to be earning for your own life in future.
Let your Aunt leave her assets (which will likely be COMPLETELY eaten up with her care, to a cat shelter! Get on with your own life. Just my advice.
No, you have no say. Be thankful for that and move one with your own life.

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Geaton777 Feb 2022
Don't move in or do anything until she assigns you as her DPoA. This may require you to make the appointment with the elder law attorney for her, then pick her up and take her to the appointment. The elder law attorney will take her aside and privately interview her to assess whether she understands what assigning as DPoA for herself means. Capacity has less to do with remembering than understanding. If the attorney deems she is does not have the capacity to understand what she is doing then there won't be any PoA created. FYI when my MIL made my husband her DPoA HE had to also sign the paperwork, so if she's saying she has this done, I highly doubt it if you didn't sign anything and don't have your own copy. She maybe made a Will but who is the executor and where is the Will? If you can't find it, after she passes this may also be a problem.

Who is helping her pay her bills and take any medications correctly? Even with the DPoA paperwork her bank will require you to go through their own PoA protocol, which may mean physically bringing her into the bank.

Finally, be extremely careful about her signing over any house or assets to you because doing so may disqualify her from being able to receive Elder Waiver or Medicaid assistance if she needs to be transitioned into a NH for a higher level of care than you can provide. This happens all the time. The Medicaid financial look-back in most states is 5 years.

If she lost her driving privilege 5 years ago she may already be too far gone to help herself. The county social services will step in and gain guardianship when it gets bad enough. If she falls in her home, who is there nearby to check on her? On your next trip to see her you may need to pro-actively seek help from any trustworthy neighbors since you live so far away. At the very least see if they'll give you their contact numbers and then you should discretely make a copy of your Aunt's house key and hide it outside so that a neighbor could get in if there were an emergency.

You will need to go and stay with her for a week so that this can get done, and 1 week may not even be enough time. You won't be able to do it on weekends since lawyers, doctors, banks and gov't offices aren't open then.

CTTN55 Feb 2022
Are you her POA? In reading your previous messages regarding your father, you were left out of any inheritance.

How long have you been traveling to your aunt's house at least once a week 2 hours away? There are no other relatives?

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