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No, not really, if she is capable of making her own decisions, paying her own bills. For instance, some elders have things withdrawn automatically from their account. Most assisted livings will allow you to arrange this. However, you will want SOMEONE to have Power of Attorney if the elder finds it too onerous to handle her own bills. In order to get POA for financial the elder must UNDERSTAND what she is doing, because in truth she is giving you power over her accounts. No lawyer will do it without clear evidence she is capable of making this decision. And you will need to keep meticulous monthly accounting of what comes into the person's assets and what is paid out. The person giving you POA needn't be sharp as a tack, but must understand what she is doing, and a lawyer will examine her out of your hearing to be certain of that. If you are dealing with someone already suffering dementia you are in a different realm and it is best to see an elder law attorney as to how to proceed. Guardianships can be very expensive. You best first step forward, if you know where your Grandmother will be going, is to discuss this with their social worker, their accounting department, etc to see how you should be move forward in Grandma's best interest, but check carefully any advice you get, whether on forum or from companies who want your Grandmother's care and business. Remember, it IS a business. By incapacitated I am assuming you mean physically. If mentally you enter a whole different realm. Remember, a POA acts FOR Grandma, at her direction, to do what SHE wants. A guardian can act for someone MENTALLY incapacitated in her best interest. If you have some questions it is likely advisable to visit an elder law attorney for an hour just to get a feel of where you are going; it will cost you 350.00 likely, but may be worth it.
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Tsilvia69 Jul 2020
My grandmother is 90 and healthy at the moment. I was wondering if I Would need those types of documents to put her in assisted living if say she were to be unable to make decisions for herself. For instance if she ended up with dementia does a assisted living or a nursing home require poa documents in order for her to go in one. I would like to know this so I can get these documents while she is of sound mind. I don't want to find this out after it is too late.
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You would need a doctor to say that she needs skilled care.

You should get a POA , which doesn't give you any power until she has been declared incompetent by a court of law, it gives you authority to do her business in a manner consistent with her wishes when she was of sound mind.

AZ attorney general website has the forms in fillable pdf and I have never had a problem using these forms for my dad. Use the Durable General POA, Health care POA and get a mental health POA. These will help you help her when her doctor says she needs skilled care. That is the only way you can get someone admitted to a nursing home, otherwise you can look into board and care homes. Every place will require a needs assessment done for admission and these must be done by a doctor or Nurse Practitioner.

I love Camp Verde, such a beautiful area.
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Tsilvia69 Jul 2020
So when the Dr says she needs skilled care I would still need to have the Poa's? My mother and I have been going round and round with this. She thinks we don't need them and I think we do. I just want to plan ahead after all she is 90. Also thinking about if she is not capable of going to get her prescriptions how would I get them as they are very costly. My mom says oh just use her bank card, but I would not do that unless I had permission to do so.
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tsilvia- I think you're going to want to get POA set up no matter what her living situation may be. At some point, you will likely need it. It will allow you to act on your grandmother's behalf regarding her care situation, finances, etc. As realyreal said, it will help you to help her.
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