elder law

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bjderksen

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My mother, Esther M. Derksen, is 90+ years of age and has been doing fine living in her own home until recently (last week) she fell and broke the L2 vertebra. . . she was taken to the hospital - they injected her with a needle having some type of cement - into the break of the L2 - to fuse two vertabra together. Next day, which was last week, she did not complain of any pain. However, we have noticed a huge difference in her conversations - she is totally confused, she remembered my birthday on Feb 16th and we have had several long phone calls since - and was very normal in her conversation. But, now all of a sudden - she barely remembers who I am, she thought my wife, LouAnne was 20 years old, and she thought that I was 60 something (68) . . . she just is not 'right' mentally. . . . the nursing staff says "she is very confused"

My concern: she has a checking & savings account, and CD's in her bank.
I am listed on her checks but didn't think it was necessary to be on her savings or CDS. Now, we feel that we need to be able to obtain these funds in order to find a nursing home for her and a high level of care while in a nursing facility. At the moment, medicare will pay the bills for 20 days.
She was transferred from the hospital to Belmont Lodge nursing facility on March 23rd, 2009.

We have a Medical and a Durable Power of Attorney forms ready to take with us next week when my wife and I will travel from Duluth, MN to Pueblo, CO.

My question is this: What if my mother's mental status will hinder her ability to sign these Power of Attorney forms? What do we do then? Guardian forms have not been signed either -

Thank you - we will await for your reply.

Sincerely,

Harold J. Derksen (son)
 
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Have her assessed by a physician. Confusion does not mean incompetence - she may still be able to understand the powers she is granting and the implication of having someone else making decisions for her. That's what she needs to be able to do in order to be competent.

If she's not competent, then you can apply to the courts for an order granting you guardianship or conservatorship or whatever the equivalent is in your state.
 
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