Don't Believe Everything You Read

Recently, there have been several articles in the Minneapolis Star Tribune about conservators, guardians, and power of attorneys. These articles seem to indicate that there are people out there in the senior industry who are out to take money from their clients.

One recent article indicated that a person from "A Little Help for the Elderly and Disabled" obtained a power of attorney from a man in a nursing home whose wife did not follow through with an application for Medical Assistance. Without knowing all the details... it seems that the person did not advise the wife of the man about the power of attorney obtained. It is hard to know if that is really the case, but the wife claims the new attorney in fact spent thousands on a pre-paid burial and paid herself over a thousand dollars in service fees.

I have to say that the article is misleading. It is perfectly normal to pre-pay a funeral as a method of spending down to qualify for Medical Assistance. The amounts vary but those become exempt assets and therefore not counted in determining eligibility. Also, the time involved in completing a Medical Assistance application would certainly entail many hours of hard work and depending on the hourly rate, would be at least $1,000.

I would suggest that there are people out there who really, truly care for their senior clients. I would hope that the person involved in this case had the man's best interests at heart. At worst, I believe there may have been an error in having an incapacitated person sign a power of attorney.

As a former paralegal in Elder Law, I would never ask an incapacitated person to sign a document giving away financial powers to me or anyone. This is a very unfortunate incident and I don't know the person in question, but, I would hope this serves as a reminder to all families out there. It is very important that you obtain good references for any services provided to seniors. Know your rights and particularly safeguard your vulnerable family members' rights as well.

Call me with any questions in this regard. (612) 385-6446.