• Wade Scott

Over The Wall of FUDWACA

You’ve acknowledged to yourself that you have hit the wall of FUDWACA. Something must change; you can’t do this by yourself anymore. You must find a way through, over, around, or under the wall. But how?


Begin to prepare for the journey. The first tool you will need is for your loved one to have a Durable Power of Attorney (POA) naming you as their agent. Without this document in place, you are powerless to help them should they suddenly lose their decision-making capacity. If your loved one has nothing in place, please schedule an appointment with an Elder Law Attorney immediately.


Even if your loved one has a POA in place, take it to an Elder Law Attorney to review for content and validity. This legal document is not fungible; one is not as good as another regardless of origin. What powers are granted, and when they can be exercised, are critical. If you know that the document in place originated from a non-Elder Law Attorney, it, more likely than not, will lack important powers.


So, what happens if there is a medical emergency and your loved one suddenly lacks decision making capacity? You, as caregiver, will have to hire an attorney to petition the court to become your loved one’s Guardian. This court process is very expensive and should be avoided if possible.


See one of our previous blogs on a valid Power of Attorney document at: https://www.delawareelderlawcenter.com/post/what-is-a-valid-power-of-attorney-document





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