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P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 33103
Experience:  12+ yrs. of experience including estate law.
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I need additional help on a question asked and I think I

Customer Question

I need additional help on a question asked and I think I asked wrong....I've pasted the information from previous question and edited.it. My friend is taking care of an elderly man with dementia. My friend was best friends with the elderly mans son who
was a tragic alcoholic that died a year and a half ago. The elderly man put him in his will, gave him power of attorney, and is a co trustee for his estate with his elderly sister being the other trustee. The elderly man is now mixing my friend up with his
son and threatening to remove him from the will. There are family members that are upset that my friend is in the will even though they are not around and he has been his sole caretaker. My friend quit is genuinely concerned that he may change the will because
he has been using his own money to take care of the household and the elderly man for years instead of putting money away. The elderly man took a test in his lawyers office that showed he was no longer able to make decisions for himself. If a disgruntled family
member were to help him could he remove my friend from the will at this point?I apologize. The elderly man is his own trustee and my friend and the sister are co trustees if he steps down or dies. He has not stepped down officially but was in the process when
they went to the lawyer and he took the test where he failed to be able to make decisions for himself. He has been deteriorating rapidly and when my friend tries to discuss the estate so he can write checks and pay bills on his behalf that is when he becomes
confused and thinks it is his dead alcoholic son. 02 June 2015 09:59 P. Simmons P. Simmons Estate Lawyer Thank you. What you're describing he's not competent so he is not able to change the will. Please let me know if you have more questions. I am happy to
help if I can. Otherwise, please rate the answer so I may get credit for my work. My goal is to provide you with excellent service. If you are satisfied, please rate me. If you have follow-up questions on this same topic, use the reply box below. To start
a new conversation with me on a new topic, request me again. 02 June 2015 09:59 Thank you for your answer. I need more advice. Yesterday, the elderly man (Jim) was having paranoid delusions that my friend and his caretaker (Chris) was trying to hurt him. He
spoke with his sister and co trustee (Dorothy) who is in Florida on the phone. When he was on the phone he wasn't making sense, brought up guns, that he didn't trust Chris, and he didn't want to live anymore. Dorothy called the police. They took Jim to the
VA hospital foe evaluation. Chris is trying to arrange help for when he is released. One gun has not been found. The doctors seem anxious to release him but Chris does not have the ability to get supervision for Jim. Jim has periods of lucidity but then blacks
out and has memory loss and confusion. Dorthory cannot help because she is in Florida and Chris has missed so much time from work he is in danger of being fired. Ideally a caretaker needs to be hired to supervise Jim while Chris is working. Because of the
dementia Jim is not trusting Chris or his decisions. What do we need to get from the doctors at the VA hospital so Dorthy and Chris can use the estate money to hire another caretaker? Chris spoke with Jims attorney that drew up the papers for Power of Attorney,
his trust and medical objectives. Off the clock he advised Chris to obtain his own counsel. What would the objective of him doing that be? Why does he need his own counsel and what should he ask for? Chris' main objective is accessing money to get 24 supervision
for Jim who needs it. Jim isn't likely to agree that more help is necessary. He is still driving and drinking in spite of doctors orders not to do so. If necessary I can scan documents and mail them.
Submitted: 1 year ago.
Category: Estate Law
Expert:  P. Simmons replied 1 year ago.
Good to hear from you, I recall our conversation. Can you tell me your questions now?
Customer: replied 1 year ago.
I didn't receive an answer to this part...unless I'm using forum incorrectly.
Thank you for your answer. I need more advice. Yesterday, the elderly man (Jim) was having paranoid delusions that my friend and his caretaker (Chris) was trying to hurt him. He spoke with his sister and co trustee (Dorothy) who is in Florida on the phone. When he was on the phone he wasn't making sense, brought up guns, that he didn't trust Chris, and he didn't want to live anymore. Dorothy called the police. They took Jim to the VA hospital foe evaluation. Chris is trying to arrange help for when he is released. One gun has not been found. The doctors seem anxious to release him but Chris does not have the ability to get supervision for Jim. Jim has periods of lucidity but then blacks out and has memory loss and confusion. Dorthory cannot help because she is in Florida and Chris has missed so much time from work he is in danger of being fired. Ideally a caretaker needs to be hired to supervise Jim while Chris is working. Because of the dementia Jim is not trusting Chris or his decisions. What do we need to get from the doctors at the VA hospital so Dorthy and Chris can use the estate money to hire another caretaker? Chris spoke with Jims attorney that drew up the papers for Power of Attorney, his trust and medical objectives. Off the clock he advised Chris to obtain his own counsel. What would the objective of him doing that be? Why does he need his own counsel and what should he ask for? Chris' main objective is accessing money to get 24 supervision for Jim who needs it. Jim isn't likely to agree that more help is necessary. He is still driving and drinking in spite of doctors orders not to do so.
Expert:  P. Simmons replied 1 year ago.
Thank you. Can you tell me, has someone been appointed as guardian for this man?
Customer: replied 1 year ago.
No. Doctors seem anxious to let him go. Dorothy spent 45 minutes on phone with him and he is still very confused...h
Expert:  P. Simmons replied 1 year ago.
Thank you. At this point, that is exactly what you need.
That is, if this man is not competent and you want to use his money to pay for his care you will need a court order appointing someone to act as his guardian. Once a guardian is appointed, they can use the money in his estate to ensure his cared for.
So you will need to have a local attorney file a motion with the court and ask the court to appoint a guardian for this man. Once the court appointed guardian? That person can step in and take care of this man's finances, including insuring his health care is paid for.