Confused as to living wills and estate laws

[Ken48]

What is the name of your state? What is the name of your state?:Florida

I am the sole son of elderly parents, 85 and 86. Recently they had new wills made, making me executor. They also added a living will provision. Their wills are simple giving everything to the surviving partner, and then to me. There is no power of attorney.

My question is. My mother was recently hospitalized, and is currently very frail. My father seems to be experiencing early signs of senility. I do not think it is alzheimers. Unfortunately I do not own a car, and am a two hour bus ride from them. ( they refuse to move )My mother is extremely upset with my fathers deteriorating condition and is worried the state will put him in a nursing home, and take their home from them and eventually me.She is extremely worried that I will get nothing. They only have their home ( it is owned outright ), and bank accounts. What rights do I have in trying to keep them together at home, and being their care-giver. They have medical insurance through GHI New York City, and also Medicare. I do not know the details of their policies.

What worries me is Florida's use of the "Baker Act" to institutionalize people.

 

[carofl93]

I have limited knowledge and am not an attorney or involved with any sort of legal type job. I do know that the Baker Act is keyed more toward people who are suicidal or apt to harm another person. The Baker Act is used when there is no other treatment available. If you or mom are able to care for dad, I think the chances of him being Baker Act-ed are fairly slim.

Not legal advice, just my 2 cents worth. My husband has a depression problem and was hospitalized under his own accord about 2 years ago. He was in the hospital with people who had been Baker Act-ed due to suicidal tendencies.

Carol

 

[BlondiePB]

What is the name of your state? What is the name of your state?:Florida

I am the sole son of elderly parents, 85 and 86. Recently they had new wills made, making me executor. They also added a living will provision. Their wills are simple giving everything to the surviving partner, and then to me. There is no power of attorney.

My question is. My mother was recently hospitalized, and is currently very frail. My father seems to be experiencing early signs of senility. I do not think it is alzheimers. Unfortunately I do not own a car, and am a two hour bus ride from them. ( they refuse to move )My mother is extremely upset with my fathers deteriorating condition and is worried the state will put him in a nursing home, and take their home from them and eventually me.She is extremely worried that I will get nothing. They only have their home ( it is owned outright ), and bank accounts. What rights do I have in trying to keep them together at home, and being their care-giver. They have medical insurance through GHI New York City, and also Medicare. I do not know the details of their policies.

What worries me is Florida's use of the "Baker Act" to institutionalize people.

Living wills are documents separate from Last Will and Testaments. Should your mother be unable to care for your father and herself due to her deteriorating condition and be reported to Adult Protective Services, the state can come in and due something about this. APS will notify you should this happen. Perhaps, it's time for you to move in with your parents, if this possible for you, and take care of them.

 

[candg918]

I hope the moderators of this forum will not mind me posting some non-legal information that might be of help to you.

You mentioned that you do not know about your parents' heath insurance. I just received the "2006 Medicare & You" guide. It is an extremely valuable reference on understanding Medicare. There is information included about the new prescription benefit addition. If you cannot find the booklet, it states to visit http://www.medicare.gov or call 1-877-486-2048 for assistance in obtaining a copy.

Medicare does provide coverage for some dementia related health services - both inpatient and outpatient. It is detailed in the Medicare book.

There are social service agencies that might assist you in meeting your parents' physical needs. Our town has one affiliated with the United Way which provides information about services such as adult day care, in home heath aids, etc. Many service agencies have fees are based on income. This service is not widely advertised so you might want to see what agencies are available near your parents. Unfortunately, our agency is not very good about assisting in locating legal or financial services but is very helpful in other areas.

Good luck.

 

[BlondiePB]

I hope the moderators of this forum will not mind me posting some non-legal information that might be of help to you.

You mentioned that you do not know about your parents' heath insurance. I just received the "2006 Medicare & You" guide. It is an extremely valuable reference on understanding Medicare. There is information included about the new prescription benefit addition. If you cannot find the booklet, it states to visit http://www.medicare.gov or call 1-877-486-2048 for assistance in obtaining a copy.

Medicare does provide coverage for some dementia related health services - both inpatient and outpatient. It is detailed in the Medicare book.

There are social service agencies that might assist you in meeting your parents' physical needs. Our town has one affiliated with the United Way which provides information about services such as adult day care, in home heath aids, etc. Many service agencies have fees are based on income. This service is not widely advertised so you might want to see what agencies are available near your parents. Unfortunately, our agency is not very good about assisting in locating legal or financial services but is very helpful in other areas.

Good luck.

Most of FL is hooked up to a phone number for services etc. for elders. The number is 211.

Hopefully, I'll be getting the new Medicare booklet soon. I have questions about that prescription coverage and only received letters regarding how those who have Medicare HMO's are automatically enrolled in part D.

 

[Ken48]

Thank You All

Thanks to all of you who replied to my post. I will try and see what options I have regarding social services, in my folks area. I will be up there this weekend and can check both with their Church, as well as the local phone book.
Thanks again,
Ken48 in Florida