4 Clear Signs Your Senior Loved One is Ready for Assisted Living

Posted on by jlawyer

Minnesota Elder Law | 4 Clear Signs Your Senior Loved One
is Ready for Assisted Living

Perhaps you’ve noticed that your senior loved one seems unhappy at home. Maybe it’s not easy for them to safely maneuver around their home anymore, or maybe they’ve lost some of their neighbors and feel isolated within their community.

Wondering whether your loved one would be more comfortable in an assisted living facility? It’s good to be on the lookout for clear signs. If you notice any of these changes, it’s time to bring up the topic with your loved one.

Struggling With Mental Health

Seniors who feel lonely and isolated are more susceptible to depression and anxiety, so it’s important to keep an eye out for these symptoms. According to Psych Central, common symptoms of depression include loss of interest in beloved hobbies, fatigue, and appetite loss. If your loved one often expresses feeling worried or stressed, they may feel anxious living at home.

Yes, video chatting with your loved one more often can help, but at an assisted living center, they can enjoy more social interaction, opportunities to make new friends, and a genuine sense of community.

Too Much Space at Home

If your loved one’s children have moved out, their house might just be too big for them. It can be difficult for seniors to adequately clean every room of a large family home, and if you notice that clutter is starting to pile up, downsizing could be a smart choice.

According to Fool, downsizing is a great strategy for Minnesota seniors who can no longer handle the costs of maintenance and repair for large homes. In an assisted living facility, seniors can enjoy the use of their own private living spaces or spacious shared apartments, and they will not have to handle all of the upkeep on their own.

If your loved one’s children have moved out, their house might just be too big for them. It can be difficult for seniors to adequately clean every room of a large family home, and if you notice that clutter is starting to pile up, downsizing could be a smart choice.

According to Fool, downsizing is a great strategy for seniors who can no longer handle the costs of maintenance and repair for large homes. In an assisted living facility, seniors can enjoy the use of their own private living spaces or spacious shared apartments, and they will not have to handle all of the upkeep on their own.

Injury Risks

Seniors with limited mobility may find that as the years go on, it becomes harder and harder for them to navigate their own homes. For example, a senior trying to use a mobility aid in a home with a carpeted floor risks serious injury. Attempting to take a shower in a bathroom without grab bars can become dangerous. And in a two-story home, simply trying to walk up the stairs could result in a fall.

While some seniors choose to hire contractors to modify their homes, a few modifications might not be sufficient enough for others. In these cases, a move to an assisted living facility is often the superior choice. Apartments or private rooms at these facilities are specifically designed to be accessible for seniors.

Needs Higher Level of Care

Even if your loved one does not have a chronic medical condition, they might need more help than you can realistically provide, like someone to drive them around for errands or a caregiver to cook their meals. While paying for senior services can help, it might not be enough. Plus, this can become significantly expensive.

If this is the case, staying in an assisted living facility would be far better for their safety and well-being. Take a gentle approach to this sensitive conversation – it can be difficult for seniors who enjoy their independence to accept that it’s time to relocate. Explain the benefits of assisted living, and ensure that your loved one understands that the decision of which facility to move to is ultimately theirs to make.

While some seniors spend their golden years at home, others find that moving to an assisted living facility comes with plenty of perks. If you have noticed any of these telltale signs that your loved one may not feel entirely safe or happy in their own home, it might be time for them to consider assisted living. Your loved one choosing to settle down at an assisted living facility can bring you both peace of mind.

Minnesota Assisted Living Attorneys

Contact the attorneys at Flanders Law Firm LLC to speak with a qualified elder law and Minnesota assisted living attorney.  The firm’s attorneys have years of experience working in the field of elder law and elder care.  A qualified, experienced attorney can be invaluable.

Call today at 612-424-0398.

Additional Resources

Combating the Epidemic of Loneliness in Seniors

Hidden Dangers of Hoarding to Seniors

Home Modifications For the Elderly

How to Determine Whether Your Loved One Should Retire From Driving

How to Pay for Nursing Home Care

Contact the Flanders Law Office for Matters Regarding Probate, Wills, and Trusts

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Protecting Your Money from Nursing Home Costs

Posted on by jlawyer

Protecting Your Money from Nursing Home Costs

No, this article isn’t asking if you’re ready to live in a nursing or want to. Rather, the focus is that by using trust law and some other techniques, you can find some ways to safeguard what you’ve obtained. Being in a nursing home may still cost you. That said, here are a handful of precautionary steps that you and your relations should consider taking.

Don’t be deceived. Living in a nursing home doesn’t automatically equal the death of your finances. Perusing Medicaid for your coverage is a hypothetical possibility.

Estate planning is, for the most part, about playing your assets right and knowing how to implement trusts and wills to your advantage. There’s far more to this process than simply throwing all your assets inside a will and hoping everyone inherits something worthwhile.

Budget for Tomorrow | Minnesota Estate Planning

Money is the main factor here. Though you may qualify for Medicaid to cover the cost of living at a nursing home, it’s still wise to properly budget. It would also be wise to understand if and for how long Medicaid will cover you.

If you do anything, do your research on what living at a nursing home all involves for you under and without Medicaid. Protect your assets by finding out what this is going to cost.

Though they may not show it, your loved ones may be highly concerned about your wellbeing. Kids, spouses, and close family members might all be worried about what’s going to happen next. Living your fullest life may mean that you live out the rest of your days inside of a nursing home.

While that may not sound ideal, it would be best for you and your family to come to terms with reality. Be honest and open about what options are available. By budgeting, everyone can get a better idea of what possibilities remain.

The Generosity Route | MN Wills and Trusts

Most grandparents probably know the joys that arise from spoiling their grandkids. And that same feeling may come from being generous towards others. So, if you’re looking for a way to make sure that your assets are passed down, look into all of the ways that you can gift the assets that you want someone to have.

Gift is the key word. Once you’re sure that you won’t need something, whether now or when you’re in a nursing home, gifting may be the best route to take.

There are lots of physical objects that can be gifted without much concern. The household items that are strewn across your home are just one such example. Your house itself might be able to be gifted to someone else.

You must be aware of tax ramifications, however, and how that might affect Medicaid for you, and should pay off your debts before you gift a single penny. Paying off a loved one’s debt during probate is no fun.

Castle Trust

Trusts are more than for providing funds for your pets. A castle trust can be used to add extra protection to your present assets, keeping them safe for younger generations. As a word of caution, castle trusts fall into the irrevocable trust category, making it so that any assets wrapped in these trusts are basically untouchable to you. There’s very little chance that you can change your mind once they’re sealed inside any irrevocable trust.

Creditors and lawsuits hate castle trusts in particular, as the assets inside these trusts can’t be used to satisfy their demands. Collecting on these trusts whether because of a car accident or because funds should be taken from you is not an option. This level of security extends to your children who inherit the trust. A castle trust could also be set up to help supplement your income and enable you to receive Medicaid if properly set up.

Five Year Look Back Period

If you plan on making any serious financial decisions and getting Medicaid, five years is the time frame you need to have in mind. Of course, give yourself extra time to budget. Those who control Medicaid are well aware that you can deplete yourself of assets by simply giving things away. That said, they’re probably going to research what kind of gifts you gave. Big gifts are the ones they’re looking for. Houses, like the ones mentioned previously, are one such example.

You must be wise when you pass on such assets. Fully realize the ramification of any gifts you give. Otherwise, you may incur a penalty from Medicaid. Sure, you may want your offspring to get the home, and they may have family that can better utilize it. Nevertheless, purpose isn’t the question here. Money is the major concern. Making yourself poorer than you were may result in bad news for you. Don’t throw away large assets for your own sake unless you’re sure nothing negative will come of it.

Minnesota Estate Planning Lawyers

Working on your estate planning by yourself is rarely recommended. Getting more people involved is a wise choice. Those who will be there to walk you through your days in the nursing home should be aware of what you’re doing. A trust lawyer should be amongst the first that you contact, provided that you want that extra level of assurance. What’s to be done about your assets once you’re gone is a huge question for your family to answer. Seeking out legal advice may allow you to better calm their fears.

For clarity and assistance with this process, you should consult the law firm of Flanders Law Firm LLC at 612-424-0398.

Final Accounting in a Minnesota Probate

Posted on by jlawyer

Final Accounting in a Minnesota probateFinal Accounting in a Minnesota Probate

Towards the end of probate, you’re most likely to encounter a little something known as a final accounting form.

This is one of the final steps to closing out the whole process. The document in question is, more or less, the culmination of probate law. It’s where you go to fill out the details, proving that all of the asset- and estate-related goals have been accomplished. Think of it as the executor’s way of signing off, stating that all of the deceased’s accounts have been put to rest.  This is a final accounting in a Minnesota probate.

In the following sections, you’ll get a better idea of what kind of things you should know in order to fill out a final accounting form. This involves activities such as completing the inventory for the deceased’s assets and paying off any debts they had. You may find this document hard to fill out if the other activities have yet to be completed.

Inventory Time

Beneficiaries and assets are mainly what you need to be thinking about when you’re writing in this form. Pretty much anything that has been given to the beneficiaries should be put onto this document because you’re creating a final account of what needs to be accounted for. You should have already been taking inventory of everything that’s being passed on, presuming you’re the functioning executor. This document is your way of saying that the assets will get to the parties which they need to go to.

Don’t forget that you’ll also have to figure out the market value for all those assets.

That probably means you’ll need to account for every object the deceased individual owned up until their death. The price for these items, nonetheless, can fluctuate before you finish your accounting. So, you should be mindful of how the prices change over time to ensure that the market values are as accurate as possible. You’ll need at least two prices for fixed assets, one price for a fixed item at the start of probate and one at the end.

Note Any Sales

Any of the assets which are sold shall need to be accounted for. These assets cannot be simply sold and treated as though they were forgotten, as there must be evidence to show that they were taken care of.

The price for these should also be taken into account to ensure that their market value was looked into. Remember that any assets must have their market value checked and recorded regardless of them being given away or sold.

There is a little bit more work that might need to be done for sold assets, however.

Should any of the property, objects, or other belongings be sold for a lower price than their estimated market price, an explanation might be necessary. So, for example, if the family wants all the property sold as soon as possible and isn’t concerned about the price, the executor should explain the situation inside the final accounting form. The executor might want to consider informing the family of this to prevent anyone from selling assets and losing track of the information.

Cashing Final Checks

Income that was meant to be received by the deceased at the time of their death has to be collected by the executor.

The same applies to income involving their estate such as rental properties and local businesses. Though the person which the money belongs to may have passed, there might still be money being generated. It’s one of the executor’s jobs to note all of the income which is generated and ensure that it’s redistributed properly.

Also, be aware that nearly any cash-related matters should be taken care of. Checks that weren’t deposited, loans that weren’t paid off, and tax refunds that weren’t dealt with are three such examples. As far as the executor is concerned, anything which involves money should probably be recorded. While they may not be asked about every transaction, it may be wise to have extra records on hand.

Search the Accounts

As a general recommendation, make sure that the executor takes care of any assets that might be hidden away. The deceased could have taken out a life insurance policy and the beneficiary for that policy could be anticipating the payout. An executor cannot just glance at the deceased’s bank accounts and call it a day until they’ve verified that there aren’t any other accounts or other things left in the deceased’s name.

Retirement accounts should be searched, car loans should be paid off, and investment and mortgage statements should be put to rest. There may also be bills that might have popped up. Utilities could have been used towards the end of life and the gas and electric companies might be looking for their payment. This is effectively a restatement of the last section in that if it involves money, you probably need to account for it.

Minnesota Final Accounting Lawyers

Once you have everything ready, you’re one step closer to completing the probate process.

There might be a few other details in the form that you need to work out, but you should have a general idea of what things need to be accomplished. And don’t be shy about asking for some assistance when it comes to the tricky parts. The law firm of Flanders Law Firm LLC is there to connect you with a probate attorney who should have the answers you’re seeking. As an executioner, you might have a lot of little details to go through in order to make sure everything is accurate.

So, keep 612-424-0398 in your contacts in case you need any help filling out the form or anything else related to probate.

What is a Power of Attorney? | Minnesota Law

Posted on by jlawyer

What is a Power of Attorney?What is a Power of Attorney?

Power of attorney doesn’t necessarily mean unlimited power. What it means to grant POA can mean a lot of different things depending on what you need and what you want. So, this article is going to try to help demystify some myths.

Power of attorney law isn’t a complex topic when you start to break it down. Actually, a lot of it centers around how much power you can/want to give someone.

If anything, this article is meant to help you understand what kind of POA that you can grant rather than crush your hopes. If you’re looking to grant someone power over both medical and asset-related decisions, that’s totally fine.

If you don’t want to give the person that you have in mind much power, that’s fine as well. Continue to read to get a clearer picture of what POA really involves.

You Can Sign Whenever

The above statement is partly true. When you sign is up to you. Though, the times that you’ll be able to sign are relative to your abilities. Physical strength may not impact you whatsoever while you may find that not everything is legal if you sign while mentally incapacitated. This is true for certain parts of estate planning as mental incapacitation can be grounds for revoking some legal docs that you’ve signed.

It’s a sad and potentially unfair truth, but it’s a truth, nonetheless. What you signed may even be revoked out of good intentions for you. Not everyone can see into your mind and they might not trust your more recent actions, believing that you’re not acting like you. A change of heart is one thing. Trusting a complete stranger with durable power of attorney is another. For your sake, do things while your mental faculties are in the best of shape.

Surpasses Death

You can’t give someone power of attorney that will outlast you. There’s durable POA that will be in affect even while your incapacitated.

That’s for sure. Nevertheless, someone only maintains power of attorney while you’re still here. You’re the metaphorical battery to their legal powers in this case. So, once their battery runs out of juice, there’s no more power of attorney they can use.

For your best interests, focus on finding a trusted person to care for you and your estate while you’re still here. What they do after you’re gone doesn’t necessarily affect whether or not they should have POA. The central factor is taking care of you and your belongings. Deciding on serious issues that affect your livelihood is the heart of their role.

End of Independence

Independent or not, giving another somebody POA is a far cry from forfeiting your independence. Sure, durable power of attorney lets another party make key decisions while you’re incapacitated, but granting power of attorney doesn’t mean that you need to sign away your life.

You get to have say in what powers someone does and doesn’t have and how long their powers will last. Limiting what they can do is an option for you from the start.

Think of this as picking a servant rather than as handing someone the keys to your life. Just be mindful of every decision that you make pertaining to their powers. If the discussion of what kind of limits you want in place hasn’t come up, bring it up while you still can.

As far as your concerned, everyone might assume that you’re looking to grant as much power as you can regardless of how true that rings. If you can, be upfront and direct on what limitations you want imposed.

Automatically Financial and Medical

This is a partial extension of the last paragraph. With that said, recognize that granting someone POA doesn’t mean that they’ll automatically obtain power over estate and medical decisions.

The type of POA that they’re about to receive may only cover one of those two. You should double check before you sign anything. Anyone can be granted power over both just as someone can be both a conservator and a guardian simultaneously.

However, you need to have final say in the matter. If you’re unsure if you’re granting enough power, discuss this early on or perhaps when you’re negotiating limitations. You can approach this issue two different ways. Either you can be cautious about their abilities and limit what can be done or you can be cautious about them not having enough power and limit the limitations.

Debunking More Myths

If you have more questions or want more POA myths debunked, call 612-424-0398.   With the help of the law firm of Flanders Law Firm LLC, they can help you get a better understanding of power of attorney law.

They’re there to not only help you work out the details of what kind of power of attorney that you want to grant, but they’re also there to make sure that everything makes sense. Perhaps you want to figure out what kind of limitations you can impose or you’re not sure whether or not POA is an option for you. It never hurts to ask.

Odd but Good Estate Planning Ideas

Posted on by jlawyer

Odd but Good Estate Planning Ideas

As much as human relationships can be full of emotion so can your Minnesota estate planning. You don’t have to write your will or form your trusts to merely dispense your assets robotically. By using estate planning law to its fullest, you can set things up to be a bit out of the ordinary. That’s not to say that abnormal is bad. On the other hand, you may find that you can do a lot more good through estate planning than you first anticipated.

As you continue to read, let the following be starting points to your imagination. You don’t need to use any of the following examples. Rather, you may find them helpful for drawing inspiration while you work with a lawyer. Use these examples to liven up your family members once you’re no longer with them.

Do Something Romantic

Valentine’s Day or not, there’s still the chance that you can still do something romantic once you’re gone. It doesn’t have to be a romantic getaway. Actually, it can be just about anything reasonable as long as you have the means and nobody gets hurt. Of course, you probably want to think of what your partner will want when you’re gone.

As a hypothetical example, you might want your wife to receive a box of chocolates everyday after you pass. You probably will need to budget for that ahead of time using your assets and potentially arrange things with a chocolate delivery service. Other ideas might be leaving money for a pet they always wanted or for flowers to be sent to their workplace during lunch time.

Healthy Rivalry

If your family loves playing games, perhaps you want to leave some of your assets as a kind of competition prize. That’s not to say that you want to create something that will divide your loved ones, but maybe consider something humorous or memorable. The goal with your estate planning should be to do the most good and bless your family.  Think about Wills and/or Trusts.

Say that you held a pie eating contest at your yearly family gathering. So, as a way of saying goodbye, you set aside the assets for the pie and a small prize like an old sweater of yours. For now, think about ways that you can help make the setup easier on your family. Consider consulting your favorite local bakery or set aside a few hard copies of your favorite dessert. Give them something that their sweet tooth will adore.

Nightly Dinner Parties

Trust funds can be used to pay for multiple different things. Nightly dinner parties are one such example. No, you don’t have to be specific as to what’s being served at the party, but you can still dedicate the funds to having a great time. You don’t need to budget for nightly parties if you’re thinking about your spouse only having friends over every blue moon.

Perhaps the whole question you need to figure out is where the food is going to come from. A catering company might be an option. Otherwise, perhaps leave some budgeted assets for your partner to pick out some groceries everyone will love. Consider also making some small recommendations to liven things up a bit. Of course, always consider having backup in case your partner wants some extra assistance.

Spreading Ashes

For those looking to be cremated, consider having your ashes spread somewhere memorable. Where you want them spread is up to you. Your family will want you to be buried where you’ll be happiest. It could be in your hometown or near where you met your partner. You should discuss this with your family ahead of time, ensuring that all the little details are worked out.

Moreover, you should also consider consulting the proper authorities. Say that you want your ashes spread on a lake near where you’ve camped a lot. It might be a nice way of saying goodbye and touching to those you’ve camped with. Though, for example, there might be concerns of causing pollution in the lake. Research this beforehand and work out every detail. The last thing you want your family to have is a hefty fine for carrying out your last wishes.

Getting Things Together | MN Estate Planning Lawyers

So, now that you have a few good ideas brewing in your mind, it might be time to make your dreams a reality.

By calling 612-424-0398, you can grab a free quote and get everything started. With the law firm of Flanders Law Firm LLC by your side, you can tackle most concerns surrounding estate planning law.

Perhaps you’re unsure about everything that you can do. Maybe you want to make sure that your assets are allocated properly. Bring all your dreams and concerns without having to fret. Take as much time as you need in order to make sure that your estate is fully planned out.

Making Probate Easy | MN Estate Law

Posted on by jlawyer

Making Probate EasyMaking Probate Easy for Your Family

Probate and party both start with the same letter. Sadly, the two words aren’t always related to one another.

Most of us would like to think of the probate process as being a relatively painless operation. Nonetheless, not everyone has witnessed, dealt with, or otherwise encountered the Minnesota probate process first hand. With that in mind, listed below are four tips on how to make going through probate easier.

Note that these tips aren’t meant to replace the legal advise of a probate lawyer. Whenever you’re dealing with a family law matter that has the gravity of probate, you should have at least have a little bit of legal assistance.

Keep in mind, as you read the following, that most of this is written to individuals who are preparing their estate. If you’re looking to assist someone who’s going through estate planning, these are some great tips that you can give to them.

No Debt or No Assets

That’s a potential exaggeration. Being stripped of assets won’t happen in every probate case, but the debt must be accounted for. For every debt that exists, you need to account for the assets that it will take to pay for them. Besides, you may not be the one who gets to determine the dollar value of each asset. And that’s not even taking inflation into account.

Sell, sell, and sell. That might be the only thing you can do. As long as that debt remains, at least some of your assets will be gobbled up. Student loans die with you. That’s a blessing. It’s the other debts that you cannot completely ignore. That’s not to say that you should pay off everything except your student loans and default on them. Defaulting on your loans is a terrible idea to say the least.

Debt is not your friend, but paying off the debt is your best friend.

No Family Secrets

What you do in your personal life is your business. Though, when it comes to the assets, debts, and everything else you’re leaving your family, you may as well make it their business. Once they’re taking care of your assets because you’re not there, your secrets either die off with you or someone will probably find out. As much as you might want to think of the probate process as a transference of property, it’s also a process that requires the authorities to account for your remaining possessions. Those in change may not care where the possessions go. They’re probably just doing their job.

The person who becomes the executor of your will takes on the responsibility of passing on your assets. Sure, some assets like your house will go directly to whoever co-signed with you. The executioner might not have to handle most if not any of that kind of property. It’s the tiny stuff that you left outside of your will that they really have to worry about. Whatever you forgot to deal with becomes their yoke.

Have a Backup Executioner

Americans have always been fond of freedom. Saying no to becoming the executioner of a will is one such freedom. It’s a volunteer position. The government will probably do it for them anyway unless someone else fills that role. Beg and plead as you may like, but no is no. And stay away from bribing your executioner as that may result in a family spat, further complicating the matter.

Having a backup executioner is a good idea even if the original person you had in mind says yes. A dead executioner is an executioner without power. Your family may not have someone to fill their role if things go south. Do that part for them. It’s your executioner after all.

Clear Intent

You’ve probably heard that being clear in your estate planning is a must. That’s true. However, a bullet point list may not suffice for every asset and piece of land that you own. Write out how you think each part of your property will get from point A to point B. If you don’t know all the details about what’s between those two points, assuming there are only two points, researching those details is a high priority.

Stuff that can be mailed, as long as you have the right addresses, shouldn’t prove bothersome. It’s the big stuff — think houses — that might rain on your parade. Saying that you want to send X to Y is a great start. It’s just what all that really means is the potentially difficult part.

Finalizing Things | Minnesota Probate Attorney

Regardless of whatever part of estate planning you’re in, someone should be able to guide you through the path. Getting everything worked out immediately isn’t necessary. You can do so at your own pace.

With the help of the law firm of Flanders Law Firm LLC, a Minnesota probate law firm, probate can be an easier process.  Located centrally in the Twin Cities in Eagan, Minnesota.

There’s a probate lawyer who can tell you how to make the process even easier. They can be there for both you and your loved ones. If you’re interested, reach someone at 612-424-0398. And you don’t have to have all your estate planned out just yet. Someone can walk you through that whole process as well.

What is a Power of Attorney | Minnesota Law

Posted on by jlawyer

What is a power of attorney?What is a Power of Attorney?

Power of attorney, commonly abbreviated as power of attorney, may be something that you never thought you’d want to grant. It might be the last part of your estate planning.

However, giving a loved one the power to help you out might be what you end up needing.

It might even prevent you from needing a conservator or a guardian in the case that you become incapacitated. And don’t worry about having to put your entire life into their hands. This part of estate planning law lets you have more control than you might have anticipated. Below, you can read more about what it means to give someone power of attorney.

Duties of Power of Attorney

Having power of attorney is nothing to scoff at. It can range from selling someone else’s estate to finalizing medical decisions for another party. Granting someone POA effectively grants them the ability to be your hands and feet, turning them into something similar to a conservator and/or guardian.

There is a difference, though, as you get to have say in who receives POA. Conservators and guardians are usually only brought in when you’re unable to have a say in the matter.

Whatever legal acts that you, referred to as the principal in this matter, could normally do, the person who receives POA might be able to do as well. The limit to what they can and cannot do may be minor. This person had better have your best interests in mind and know what they’re doing. Assume that once they have their powers, they’re set with those powers as long as you both shall live.

Conservatorship and/or Guardianship

There’s no one-size fits all choice when it comes to the kind of POA that you can grant. Perhaps you want them to have more limited powers or you want their powers to remain intact even if you become incapacitated.

Choosing how much power you grant and how long it lasts can dictate whether or not the person you have in mind can act in a given situation. There are four different kinds of power of attorney that you can grant: general, limited, springing, and durable.

Here’s a short summary on each type. General power of attorney gives the individual several legal powers that you have, granting them almost limitless capabilities. Limited power of attorney only allows the person to do as much as their principal has allowed.

Springing power of attorney only comes into play when you’re incapacitated, making it a potentially more advanced form of guardianship or conservatorship.  Durable power of attorney, lastly, is potentially is the kind that lasts the longest as it comes into affect when you want it to and remains in place even if you become incapacitated.  The latter kind can be either general or limited.  These are all Minnesota probate law issues.

Misconduct Versus Wrong

Intentions are what really make or break someone with POA. Intentional misconduct might be all that they can be called out for. If they make mistakes, they might not be able to be held responsible for those mistakes.

That’s not to say that they’re morally okay if they make a mistake, but you might not be able to take them to court if they meant well. This is especially true for mistakes that are made unknowingly.

Teach them as much as you can when you can. Otherwise, be mentally, physically, and financially ready for all the mistakes they might make. The last thing that you should be doing, when it comes to granting POA to someone, is trusting a random stranger.

Legally speaking, the court will probably hold you to that decision, assuming that you were literally trusting them. You don’t get to claim that you were completely unaware of the situation as you might otherwise be in the case that you were comatose while a guardian and/or conservator took over things. Individuals granted with springing power of attorney don’t get you off the hook either as you set things up in case something should happen.

What is a power of attorney and why

Not every person with POA gets to make both medical and financial decisions. You can grant those powers to two people, one person, or just have one individual with only medical or financial power. The choice is yours. The main factor that you might want to contemplate is what area might you otherwise need a guardian or conservator to do the job.

If you might need a guardian, grant medical POA. If you might need a conservator, grant financial POA. You can also err on the side of giving both kinds of POA just in case.

Consider this. Not granting POA in one area leaves you and your family open to potentially needing a conservator and/or guardian in that area.

That normally means that if they need one, the other, or both, at least one bond might need to be taken out for the conservator and/or guardian. Not to mention the fact that the court will want to verify if you’re actually incapacitated before a conservator and/or guardian does anything.

Conservators and guardians do wonderful work, but it just might be easier on all parties involved if you grant POA in advance.

Minnesota Power of Attorney Lawyer

You don’t need to be set on how much or what kind of powers that you want to grant. For your comfort, take your time in deciding what you want to grant. Perhaps plan on bringing all the individuals that you want to grant POA to while helping them get a better idea of what this all entails.

They’ll probably want to be there with you while you talk through the major decisions. That will help them get a better idea of what you want them to do. Consider speaking to a power of attorney lawyer to get things set up.

With the law firm of Flanders Law Firm LLC, you can give POA to someone that you trust. You can even call in advance by dialing 612-424-0398 to get a free quote.