My Dad has 100% VA disability due to severe asbestosis, my Mom though not disabled, won't do much. Both of them sit around in pajamas all day long and are depressed, and yes, they are both on depression and/or anxiety meds - not helping much. I helped (did all of the paperwork, phone calls and related emails) and my Dad get his VA disability, a ramp and a walk in shower. (He hates the ramp and now hates the shower but at first wanted both. I am at my wits end.) I pick up their commodity boxes and take them to his medical appointments. I manage his meds, ordering and checking on refills for him. I, as well as my daughter, fill water jugs from my well for them. My daughter cooks, cleans and runs shopping errands for them. Neither one of them will keep an appointment with a lawyer to do their wills or POA. Every time an appointment is made , they cancel it. I just went through a run of 24/7 caregiving with my MIL who had severe dementia and passed last March. We had POA for her and it was hard enough to negotiate all of her caregiving needs with that; I cannot even imagine what I have in store for me if my parents are unwilling to do the necessary paperwork to help them when they are unable to help themselves. My sister lives here but is very self involved, she won't even fill water jugs for them and my brother lives in the southern states and cannot help. It seems to be falling on me and my daughter, at least the caregiving parts. The sad thing is that my Mom won't even make a meal, so if my daughter doesn't, it doesn't get done. Myself and my daughter are afraid that if no one gets meals for them they will both get malnutrition. My Mom gravitates to cupcakes, bread & molasses and other sweet things but not food with nutrition and my Dad does the same with cookies, candy & ice cream. It's like having toddlers again only grown up versions that are your parents and get mad at you for pointing out that they need to prepare and eat meals, not sweets bought at the store.... My Dad is obsessed with money - how much he has, what it is spent on, etc., and gets very ugly tempered about it. He also has panic attacks about attending any appointment or just leaving the house. My mother sits around all day and watches tv and reads. Did I mention that they both live in their pajamas 24/7? Their behavior both frustrates and angers me at times. He will be 80 and she will be 77 in July. They supposedly do not have dementia. What can I do?
I came back here because a recent "newsletter" from AgingCare included a link to the differences between DPOA and Springing POA. This might be of some help with him, especially if you can focus on the part about illness and injury and that it will COST HIM a lot of money for you to gain guardianship so that you can assist him! Also focus on the fact that the document can specifically say WHEN not just that you can take over. HE gets to decide that NOW. When he is incapable (hospitalized, unable to communicate, etc.) then he cannot - this can also focus on having the state step in and take over (a copy of that news story about how these state legal "guardians" took everything away, including family might be enlightening as well!)
SEE:
https://www.agingcare.com/articles/what-is-durable-power-of-attorney-140233.htm?
Edit: Of course even if he agrees to this, it really will not solve the current issues. However if he WILL agree to draw up something, it will be there if/when the time comes that he is not competent (although this also states the DPOA is in effect when signed, it does not mean one has to take over at that point - we did not, and took over things on an as needed basis.
The other big battle you have is getting them to help care for themselves, day to day. This can be a tough one for sure. My mom is diabetic amongst several other major medical conditions so eating properly and regularly is vital yet we struggle with getting her to do it everyday. It's not that she isn't a healthy eater, I mean buys and eats healthy foods for the most part, the problem is she has it stuck in her head that she needs to loose weight and that when her weight goes up by a couple pounds in a day (she has a water retention issue we have to watch carefully) it's because she over ate and it isn't. She makes a meal out of lettuce and tomatoes, she would eat that for 3 meals a day if we let her. She will also go without eating at all for day ("one day isn't a big deal") if left to her own devices yet if you put a full meal in front of her she will devour it so the problem is not really her appetite. I get it though, going through the hassle of cooking or making a whole meal just for yourself is hard, it just doesn't seem worth the effort and in your parents case (it would be the same with my mom if it were around) the sweets they have around aren't only enticing and basically filling they are easy to just pick up and eat. Tasty and no prep involved. It takes a little planning and my mom wants to prove her ability to still care for herself so once I make something for her she likes that's easy enough she will make it for herself but I try to come up with things like homemade chicken soup in the crock pot that makes several meals she can either have in the fridge, freeze or both so it's easy to pull it out and reheat in the microwave. Maybe your daughter could do an afternoon of cooking and packaging meals or something for them that they can then reheat for themselves for the week. Would your mom maybe enjoy doing that with her so a project they do together? Might it help motivate them if they each (mom and dad) felt it was important for the others health and care? It certainly sounds like they could both use some medical attention where some of the emotional issues could be addressed along with physical, it might be very helpful to review their meds and dosage as well as whether or not they are taking meds properly at home. Providing they have a decent doctor familiar with elderly issues this could also be your link to other help for them. My mom's PC has refereed VNA to make sure she has a plan for and is able to take care of meds at home, the home is safe for her and to send a social worker out to figure out what services she might qualify for or need and get, her options. This was a huge help to us because while we were there and part of it all my mom felt in control, it wasn't us (her kids) coming in and telling her what she could and couldn't do. Somehow a "professional" saying she needs this or that is more acceptable then her family suggesting the same thing...go figure! But she also has a healthy fear of her PC's power to say she can't live on her own anymore or move her to some sort of assisted living, I'm not even clear exactly what or how much power she thinks her doctors have but it works in our favor because we are fortunate enough to have a great working relationship with her main doctors in particular and they are providers she has had for many years so she also trusts them and they know her. But my point really is that your parents providers may be a very helpful resource in getting things either working better at home for them or getting them in a better situation that will enable them to thrive more than exist they way they are. It takes a village to provide and manage one elders care, you have 2 loved ones who need care and aren't helping you and themselves, you and your daughter even if your sister were fully involved as well, just can't do it alone not should you have to. Find ways to reach out for help from people without the emotional attachment, trust me the demands on your time and energy will continue to increase and anything you can do to relieve some pressure and actually enjoy the time and moments you have with your parent's rather than dread them is as much a plus for you as it is for them.
This confiscation of property has many names (articles I have read said civil forfeiture and yes indeed it happens in MANY states!) This does not just happen in Louisiana and this kind of abuse continues to happen today.
Wikipedia:
"Civil forfeiture in the United States, also called civil asset forfeiture or civil judicial forfeiture or occasionally civil seizure, is a controversial legal process in which law enforcement officers take assets from persons suspected of involvement with crime or illegal activity without necessarily charging the owners with wrongdoing."
How it can possibly be legal to take, and often sell, someone's property, when no arrest is made, no charges are filed, and there is no proof the person did ANYTHING illegal is dumbfounding. Enter 'civil forfeiture abuse' in your search and be amazed (and totally disgusted!) at how many "hits" you get! A few people had the means to fight back and get some of their property back, but others do NOT have the means and can lose substantial property through this abuse!
Has this happened in any of the other countries in which members of our group are located?
I am an American living in Mexico. I could believe that the scenario I was reading about was happening here in Mexico (where many government officials are corrupt-it's out in the open) but for this to have been *allowed* to happen in the United States of America is absolutely shameful. And to think so many were on "the take", where it profited them greatly to illegally do these dirty deeds to fine American citizens who had worked hard all their lives. Also, the anguish suffered by their families as they were told they "had no right to visit their own parents". Son of a gun, I'm mad.
There should be a "house cleaning" of all corrupt "Guardians" in Nevada and many new laws passed to make sure family would be in charge, especially if spelled out in legal paperwork.
ALL the affected parties should file a joint lawsuit against the state of Nevada for kidnapping, robbery/theft, pain and suffering, entrapment, assault and battery and lying under false pretenses. I hope they or their families win billions. They deserve to be treated as humans not cattle.
Thankfully, this was brought to light. At least the truth has been exposed and hopefully a round up of the dishonest jack-a**es will continue to take place. I would hate to be them on Judgement Day. How do you answer to the Most High for your actions?
Thanks DownSouth. Elder abuse for sure.
I'm glad that my mother is here in the same city as I am. They can't cross the border to take her away!
Even worse, it may not matter if you have all your affairs in order and DPOA... from what I learned about guardianship/stewardship, a person being considered is entitled to their own attorney (one can be appointed, but will be billed), however if they are not aware of this and don't ask for it. Guardianship/stewardship CAN override DPOA! In the case reported, they found ways to prevent having a client attorney, even by keeping the person out of court! Here the judge would be required to see the person, to make his/her own determination. So keep good tabs on your LOs even if you are managing their affairs! If they are living alone, they can be scammed by so many people, but this is just the worst! To have them argue that they are protecting these elders and their assets (NOT), and in particular from their own family, yeeesh.
There have been a few people posting to threads here that warn us all against letting family be POA, but their methods of "protecting" themselves and their assets would be swept away easily by this kind of abuse! While there are family members who take advantage of elders, this is worse than any case I have ever read about!
newyorker.com/magazine/2017/10/09/how-the-elderly-lose-their-rights
Thanks to DownSouth for providing this to make us all aware of the problem. Of course this is a warning to us, too, to get our own paperwork in order. In addition, maybe we should do some homework before we even consider moving to a state or city to make certain this kind of abuse doesn't take place there.
Given dad's fanaticism with keeping money, yet over-spending it, there doesn't seem there really will be anything left to leave in a will (except debt - and remember even if you get DPOA or guardianship, that debt will NOT be yours!) Of course if a will for either or both can be wrangled, by all means go for it, but it sounds like that is a losing battle, at least for dad - perhaps mom could be convinced to sign something (you indicated that you have taken her shopping, could you have paperwork ready and wrangle a visit to an attorney or notary with her during one of those trips, so long as he is not there?) At least you would have one...
Getting DPOA and medical POA is much more important. Again, given dad's reign on money and refusal to deal with death-type issues, this is also going to be a battle, probably a fruitless one. You can only do what you can do. If they are still deemed competent, and refuse to work with any of this, there is no need for you to stress over it (easy said than done, I know.) You CANNOT force anyone to do something - it is their right to refuse, unfortunately, even if it is detrimental. Getting worked up over something you cannot manage is not worth it. Be supportive, provide some good meals, etc, and whatever happens happens. Your hands are tied. (BTW, even sometimes with cognitive impairment AND DPOA the person's "wishes" will override yours!!)
Rather than focus on the death part of wills and POAs when discussing this with dad, as several have mentioned give him some info about what happens if he or mom becomes seriously ill or injured, aka the state can step in and direct EVERYTHING, including his precious money and where he or she will go to live! He has no POA over her, so the state can step in, same for him if she has no POA over him. Then ask him if that is what he wants. If he says yes, then about all you can do is continue to provide nourishing meals, perhaps using Meals on Wheels, if available (and if they would open the door for the delivery!) Although frozen dinners could be an option, if you prepare extra with each meal you make, portion it out and freeze it for later use. I do this for myself - just as easy, easier sometimes, to prepare a meal for 6 and freeze it, than cooking every day! This would reduce the number of trips you need to make to provide meals. You could still go to visit often, ensure they eat, but have more time to spend with them than working on food.
Another person suggested having an unrelated trusted person try to broach the subject. Perhaps someone from the VA? Do they have friends or neighbors they like? Does not sound like it, if they spend all day every day in the house, but perhaps there is someone... VA might be best - if they come in some kind of uniform, he might be able to relate to that person! Often family members can get shut out, or ignored. The perception might be that you want to take everything away! This is not the case, but he won't relent until he understands this.
Since it sounds like they do not get out on their own, where is all the "junk" food/snacks coming from? Certainly they can have snacks and cookies, etc, but do not leave the whole bag/package there, provide it with the meals you bring. Even ice cream can be left in single servings (plastic containers, or single bars.) This would limit how much crap they eat, especially since you indicated they WILL eat the meals if someone makes it for them!
If nothing else, you may have to get their doctor involved, or social services. OR...is there someone they would trust that you could have talk to them, and even help them with the paperwork instead of you. I would try to make this a priority and then you can back off on all the caregiving (as much as you dare) and, perhaps, let their poor choices take them where they may. You can't let this drive you nuts to the point of endangering your own mental and physical health. I'll be praying you can come to the perfect solutions. Message me if you wish, and I will support you!
Short of having someone explain what happens with no will, etc., plus having them realize it may all be dumped on you to handle.. .not sure there is any way to change the situation. Those papers are just the responsible thing to have.
newyorker.com/magazine/2017/10/09/how-the-elderly-lose-their-rights
1) Our local municipal water quality is not the best. They have running water, our well has better water for drinking and food preparation purposes.
2) We all live in a very small town the nearest agency on aging is over 100 miles away.
3) Lawyers here do not do house calls, ever. Already tried.
4) Meals on Wheels sounds like a good idea!
5) I tried again today after taking my Dad to his VA appointment (an hour round trip) where they asked me if he had a living will or any other paperwork. His response was if something happens to me they will have to take care of whatever it is. He then changed the subject to something about the scenery. He is adamant about not discussing anything about death or dying and assumes all paperwork is only about that.
6) My sister will not participate in any caregiving for my parents, she thinks that they should be taking care of her, I'm not joking.
This site has very regular posts from carers of people in their eighties and nineties, whose bodies have outlived both their minds and their interest in living, with bitter comments about the medical profession who have engineered all this. Other carers are spoon-feeding elders for hours at a time, when the recipient keeps trying to spit the food out. Neither the time commitment nor the medical support was an option in Biblical times, when every family member had to work hard. Perhaps ‘fading away’ is the way God planned us to go.
None of this helps with your paperwork problems, but it might give you some consolation about other issues you are facing. There is a song that says ‘the sooner it’s over, the sooner we sleep’.
As they sit around in their pj's 24/7, I'm wondering if they're bathing?
Please see if their town has a Council on Aging, which should have on staff a social worker. That dedicated person could get the necessary documents done. Your parents will be more inclined to listen to someone other than yourself. I had to use my mother's town's social worker, because, after all, "I wasn't telling the truth." Of course I was telling the truth; she just didn't like it.
As for dad not liking the ramp and the shower, he probably thought of them as "old age," instead of needed assists. I hope when I reach the age of needing a ramp/assist that I will say "Oh, yes, please!" I don't want to become belligerent.
Recently I found that the POAs my father and mother had done had expired a decade ago—-he kept telling me everything was fine, his paperwork was in order etc etc.
He broke his back, had to go to hospital, and THEN we found out that nobody had POA.
I laid down the law to him and asked him if what he wanted was to have the government decide what happened to him...he and my mother couldn’t get that paperwork done fast enough. I had it within 2 weeks and made sure I was named as a POA also as my mother is declining in memory as well.
The other route you could take is to apply for guardianship over them. This is time consuming and costly, however.
Without a will, the state steps in and gets a portion for their time. They then dispense as they see fit - I saw a woman get scr**ed that way because Penn wouldn't honor the NY will they had and her daughter received - and kept - 2/3 of the money when she knew it was all supposed to go to the surviving widow, her own mother.
A will is absolutely needed! POA? I didn't want POA for my dad when others were pressuring him to give it to me. When the time came, I called Hospice and he told them what he wanted and that was that. A week later he passed (he had stopped dialysis).
I bet you could find someone to come to the house for a simple will. You can even get the forms online and have them sign them - remember they must be witnessed - then at least you will be a little more protected.
Best of luck!