June 2024.
Q: My sister can’t pay her own bills anymore and can’t take care of herself. What can I do? She never signed a power of attorney.
A: Your only option is to file in the courts for guardianship. Unfortunately, that’s a long, expensive and frustrating process. You have to file numerous forms with the court, including certificates from two medical providers attesting that they have examined your sister and found that she is unable to take care of her own needs. That form itself is about 6 pages long, and there are about 5 more that you need to file. The law requires that the court appoint an attorney for your sister, who will meet with her and probably with you and the doctors to see if your sister objects to the appointment of a guardian. If she does, then the attorney shows up at the hearing and argues on her behalf. Even if there’s no objection, the process costs $3,000 – $5,000 and takes about 4-6 months. If there is an objection, “the sky is the limit.” Before you go down that path, consider whether she is competent enough to know what she would be signing if she were presented with a power of attorney. That’s really your best option.
Q: I know my sister won’t sign a power of attorney – we’ve tried that – and she will object to the guardianship. We can’t afford a court battle. What can we do?
A: Your only option is what we call “pre-crisis planning.” Keep the best relationship with your sister that you can, so you can help as much as possible. Try to find out who her doctors are (if she’s seeing doctors – often people in this situation are afraid that the doctor will “put them away” in a “home” so they refuse to see doctors), what medications she is taking, what bills she is paying. Be aware of her needs and try to fill them. If the situation gets intolerable, you can call Adult Protective Services and let them know that there’s a vulnerable adult in the community who can’t care for herself. Don’t take that step lightly, because it will probably shut down your relationship with your sister. Do your best to plan ahead for what you will do if there comes a point where your sister has had a medical or financial crisis and is hospitalized or about to be foreclosed or evicted – be aware of nursing home, assisted living or other housing options, medical care possibilities. This is a growing issue in our society as the “baby boom” ages. They are fiercely independent and used to taking care of themselves, and often don’t adjust well to needing help from others. Family support structures – if there is any family at all – are often attenuated at best. Societal and government resources are stretched. It’s a difficult situation.
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Attorney Tim Barkley
The Tim Barkley Law Offices
One Park Avenue
P.O. Box 1136
Mount Airy
Maryland 21771
(301) 829-3778
Wills & Trusts | Estate Planning | Probates & Estates
Elder Law | Real Estate | Business Planning