Page 13 - Senior Times South Central Michigan - September 2019 - 26-09

Ask The
Senior Times - September 2019
Page 13
THE ELDER LAW CENTER
Helping Seniors Preserve Their Lives
Asset Protection Planning for Persons in a Nursing Home or Entering a Nursing Home Powers of Attorney • Wills • Trusts • Probate
Don't Lose Everything You Have To the Nursing Home
I can help you save up to 100% of your assets.
Michael B. Walling, J.D., LL.M.
Let me help you properly draft and fund a trust before you or your spouse enter a nursing home; it could save you over $50,000!
MICHAEL B. WALLING
Elder Law Attorney
Author of "Ask the Attorney"
Call for a free
initial consultation*.
*Except Asset Protection Planning
(269) 324-7344
Offices in Portage & Battle Creek
www.wallingplc.com
Helping Seniors preserve their lives for more than a decade.
ATTORNEY
Michael Walling, Special to Senior Times
GUARDIAN NOT RESPONSIBLE FOR DEBTS
QUESTION: My Mother needs help. She has dementia. Her doctor told me that I need to apply for guard- ianship for her. If I do, am I responsi- ble for her bills?
ANSWER: No you’re not. As guard- ian for your mother, you have the legal authority to make decisions for her, but you are not personally responsible for debts. A good way to think of it is that you are an agent acting on her behalf. You are just assisting her as she is no longer able to do certain things herself. However, she is still responsible for her own debts, etc.
A guardian is a person who has
the legal authority to make personal decisions for another person such as medical treatment decisions, where they should live, what care they should be receiving, etc. If your Mother has assets such as a home, money in the bank, a retirement account, etc., then she may also need to have a conserva- tor appointed to manage her finances.
That being said, when a doctor says
By: Robin Johnston, RN, MSN, Community Manager, Maplewood of Marshall
The Gains Of
that you need to apply for a guardianship for your Mother, the doctor is making a general statement that he or she believes that your Mother can no longer make good informed decisions. Whether she needs a guardian or not is based on many factors, not just the doctor’s opinion. Having a guardian appointed should not be taken lightly. In essence, the court will take away your Mother’s legal authority to make her own decisions. I don’t think any of us would like that.
I would suggest you talk to an attor- ney who handles guardianships. They can talk to you about the different types of guardianships, such as limited guardian- ships, and what is required to proceed.
Michael B. Walling is an Elder Law attorney with an advance Master of Laws Degree. He is the Managing attorney of The Elder Law Center and the law firm of Michael B. Walling, PLC. Mr. Walling is also a part-time Professor at Western Michigan University. Please send any questions you would like addressed to: The Elder Law Center, 1662 East Centre Avenue, Portage, Michigan, 49002. You may also call (269) 324–7344 to set up
a free initial consultation. This column is intended for general information purpos- es only and should not be considered as legal advice to any particular person.
Assited Living
Regardless of age or circumstances, moving is a transition. This often includes transition to new physical layout, new friends and neighbors, new extracurric- ular activities, or even new responsibili- ties. And moving from independent living to assisted living is no different. While this transition to assisted living may not occur immediately, I believe our residents would definitely testify to the great gains of life at Maplewood Assisted Living
of Marshall. Specifically, I hear our res- idents comment on various aspects of “gain” in the following areas:
1. FOOD – “The food is great and I do not have to plan it, prepare it, or clean it up!” In addition, our residents compli- ment the quality and variety of our food, the serving staff, and note a weight gain after only a short period here.
2. FAMILY – While not blood family, our residents truly feel they gain an adop- tive family here at Maplewood. Our resi- dents eat together, play together, and get involved in numerous outings with other residents. In addition, when one of our
residents is out, either temporarily or per- manently, others note missing them and express genuine concern for one another, just as in a blood family.
CALHOUN COUNTY
OCTOBER 23, 2019 • 9AM - 2PM First Congregational Church
145 NE Capital Avenue, Battle Creek, MI 49017
The day is free to caregivers. Registration is required. Breakfast and lunch will be provided. Ask about respite availability.
CAREGIVER
An unpaid individual who regularly assists a loved one with personal care, household chores or health issues.
EVENTS OF THE DAY
Featured speakers | Massages Manicures | Retail therapy | Vendor fair
CONTACT
Sally Goss 269-979-1479 x306
COME RELAX, ENJOY A DAY AWAY & FEEL REFRESHED
3. FUN – Our activities manager orga- nizes a wide variety of activities for our residents and generally has an activity planned for every day of the week! They enjoy both variety and opportunity for both in-house and outside activities.
In addition to these “gains” for our residents, we must also be sure to empha- size the “gain” for both residents and family with the provision of safety and supervision for our residents. We have staff on site 24/7 and a licensed nurse (or multiple licensed nurses) on site seven days a week. Our residents also feel that they benefit significantly from being around other people and being able to have help any time they need it. In this respect, I believe Maplewood Assisted Living provides a great “GAIN,” which can override any perceived loss and negative aspect of transition of moving overall.
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