March 15, 2016

“When the Table Turns” – Legally Speaking” w/ Attorney Ewing Carter III

Category: Thoughts — chuckie @ 12:34 am

All Aboard!  Welcome aboard…Glad to see you on board.  As is customary as I help you up onto the Train I hand you a white business card with black raised lettering.  On the front it reads:

“Care giving often calls us to lean into love we didn’t know possible.”

and on the back it reads:

“Care-giving will never be one-size-fits-all.”

I’m advising you to go back to the legal car here on the train for another session with The Attorney, Ewing Carter III.  Also, hit the radio button in the upper right portion of the train to enjoy some music as you  ride (read this article).

Can you believe that Thanksgiving and the holiday season is upon us?  I pray that we will have the opportunity to get together again. While we are all in one place this might be a good time to

Legally Speaking: Elder care...

Legally Speaking: Elder care…

have that tough conversation many of us are facing.  Those of you facing elder care issues will be especially interested in today’s conversation   So, with no further ado let’s head back to the Law car and pick Mr. Carter’s brain.

Enjoy the LifeTrain Radio while you peruse this and other “blog” articles!

Chuckie:  Attorney Carter!  Greetings Sir!
EC III:  Hey Chuckie, come on in and sit a spell.

Chuckie:  Sir, our passengers really want to know, who was one of the baddest football players ever to come out of Springfield South High School?

EC III:  Me.

Chuckie:  GONG!  Wrong answer.  I’ll give you another try.  Who was the Captain of your senior year football team.
EC II:  Look man, “you” …Ok?  Now what is the question, I’m sure the passenger’s time is just as valuable as mine.

[LOUD LAUGHTER]

Chuckie:  Ok, OK, you lawyers and money.

Chuckie:  Today’s question chosen of a great many good questions from our loyal passengers is this:  My elderly mother is confined to a wheelchair and can’t get around. I’m

the only one who helps her. My brothers live in another state and have their own lives with their families.  Can I get something from the court that allows me to take care of her daily needs?  I’m fearful that she’s beginning to lose her memory.  What can I do?

EC III:  If your mother is of “sound mind” which means that her faculties of perception and judgment are not impaired by any mental disorder, then, executing a Power of Attorney would be

helpful in this situation.  Because your mother’s mobility is limited, your acting as her attorney- in- fact will enable her to transact her business by and through you.  In most cases a General

www.EcarterLaw.com

www.EcarterLaw.com

Durable Power of Attorney is preferred because it remains in effect until revoked and canceled by a subsequent instrument in writing.  Also, this power of attorney does not terminate upon disability, incompetence, or incapacity.  Basically, your mother’s power of attorney giving you authority to act in her stead is enforceable until her death, or until she revokes it.

However, if your mother now suffers from Alzheimer’s disease or any associated form of dementia, then she Does not possess the capacity to give power of attorney.  Your mother’s primary physician can provide you an Opinion Letter concerning her mental capacity.  Once you have the letter, you should file a petition to find her incompetent by the Courts.  Once the Petition is filed and a Hearing scheduled, a determination of competency will be made by the Clerk of Courts.  If and when, she is adjudicated incompetent, the Courts will: 1) appoint someone as Guardian of her Person, and 2) appoint someone Guardian of her Estate.  This can be the same person or entity, or two different persons or entities.  The Guardian of the Person makes decisions concerning health care, housing, daily activities, etc. The Guardian of the Estate makes all financial decisions concerning the person.  As always mentioned, consult with an attorney in your locale for specific advice.   I hope that helps.

Chuckie:  Thanks Attorney Carter, good stuff…as usual.  Passengers, for more on this debilitating disease check out my upcoming article with Dr. Dee PhD.
Chuckie:  You know Mr. Carter, this was another great session.  I’ve now figured out that you are a much better lawyer than a football player.
EC III:  Yep…and you are a much better water boy than golfer.

Chuckie:  See you on the links dude!  And now passengers, for your favorite part of “Legally Speaking!”

You can learn more about Attorney Carter at the: www.ECARTERLAW.com