How can my husband access his mother's funds to pay for her nursing home bills if she has Alzheimer's? 8 Answers as of April 28, 2015

Hello, my husband's mother was placed in a nursing home a couple months ago after her stroke. She has Alzheimer's disease. Several years ago she set up financial annuities with a financial advisor just for this kind of situation. We are working with the advisor trying to start access to her funds. My husband will likely need to apply to the court for conservatorship to handle her affairs from now on. If he is unable to access her funds how do we pay her bills (that she has money set aside for!) if it turns out that we cannot access her money without her signature? I'm sure nursing homes cannot wait years for payment while the legal proceedings take place? Please help! Thank you.

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James Law Group
James Law Group | Christine James
You need to apply for conservatorship to pay her bills unless he is trustee of a trust or on the account. Apply now, and the court may give him temporary conservatorship to pay her bills while a full conservatorship is set up.
Answer Applies to: California
Replied: 4/28/2015
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
04-27-15 Obtain yourself a probate attorney who specializes in conservatorship matters as soon as possible, as it take time to obtain Letters of Conservatorship giving your husband authority to interface with the financial planner and the various annnuity companies to access funds for this type of proceed re a person with Alzheimer or dementia. Do NOT Delay.
Answer Applies to: California
Replied: 4/28/2015
Law Office of Jeffrey T. Reed | Jeffrey T. Reed
Does anybody have a power of attorney? Do the terms of the trust address incapacity? You need to talk with an attorney and show him all the documents to make sure you do the right thing next. I would go to court as a last resort!
Answer Applies to: California
Replied: 4/28/2015
James M. Chandler | James M. Chandler
You should find out who is the alternate trustee of her trust, and you need to read the trust it might have language that would take care of your situation.
Answer Applies to: California
Replied: 4/28/2015
Law Offices of George H. Shers | George H. Shers
Your husband should be able to relatively quickly be appointed conservator. Why did the financial adviser not foresee this common occurrence and provide for it with a power of attorney or trust?
Answer Applies to: California
Replied: 4/28/2015
    WFB Legal Consulting, Inc.
    WFB Legal Consulting, Inc. | William F. Bernard
    Unfortunately, you will have to set up a conservatorship unless she already has an appointed agent for Power of Attorney.
    Answer Applies to: California
    Replied: 4/28/2015
    Danville Law Group | Scott Jordan
    If you are in California, your husband can apply to be you mother's Conservator. This will give him the ability to access all of her financial accounts and handle all of her financial affairs.
    Answer Applies to: California
    Replied: 4/28/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    This is why God made powers of attorneys. If you don?t have a P/A, then yes, a conservatorship will likely be necessary. Can she sign one now? Getting appointed as conservator doesn't take years; only about 6 weeks. But it is a pain, and needlessly expensive, so is to be avoided if possible.
    Answer Applies to: California
    Replied: 4/28/2015
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