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John Legal
John Legal, Attorney
Category: Legal
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Experience:  Over 15 years legal experience.
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My father, aged 63, just had a stroke a few days ago. My mother

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My father, aged 63, just had a stroke a few days ago. My mother and I are scrambling to pick up he pieces. Eight months ago he elected to take early Soc Sec retirement. Would he (or my mother, who will be his primary caretaker) be eligible for Soc Sec Disability even though he has already started to receive other SS benefits? If so, how do we begin? If not, what are some of our other options? If his speech is somewhat impaired, is it too late to have him declare me durable power of attorney? In the state of Georgia is there a separate concept as health power of attorney?

Welcome! Thank you for your question. I am sorry to hear about your father. I know this can be a scary time and there are lots of questions. Please feel free to follow up with your questions as they come up.

With that said, I'll try to answer your initial questions: Would he (or my mother, who will be his primary caretaker) be eligible for Soc Sec Disability even though he has already started to receive other SS benefits?

Now that he is receiving Social Security he would not be eligible for social security disability. Your mother would not since she is not the one disabled.

If so, how do we begin? If not, what are some of our other options?

He may be eligible for some VA benefits. Did he serve in the military during war time? Was he honorably discharged?

If his speech is somewhat impaired, is it too late to have him declare me durable power of attorney?

It is not too late for him to execute a general durable power of attorney or a Advanced Directive for Healthcare. So long as he is mentally competent and capable of communication (verbal or not) then he can execute powers of attorney.

In the state of Georgia is there a separate concept as health power of attorney?

Yes, it is called an Advanced Directive for Healthcare. The separate financial power of attorney is called General Durable Power of Attorney.

Here is the Healthcare Directive and instructions.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

 

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Thank you,

John


 

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