Page 25 - Senior Times South Central Michigan - September 2017 - 24-09
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GUARDIAN & CONSERVATOR VS. DURABLE POWER OF ATTORNEY
QUESTION: My father had a stroke and is totally incapacitated. He is only 59 years old. The nurse told me to get power of attorney for him. I called an attorney. She said
I would need to do a guardianship. Is that right? Why can’t I just do a power of attorney?
ANSWER: The attorney is right if your father is incapacitated. If he does not have the mental capacity to create a power of attorney, then the probate court will appoint someone to make financial and medical treatment decisions for him.
The court will appoint a guard- ian who is in charge of all of your father’s medical treatment deci- sions, and a conservator who is in charge of managing your father’s financial affairs.
You may have priority to be the guardian and conservator for your father. I would advise you to talk to an attorney who handles guardianship and conservatorships.
There are two types of powers of attorney: A durable general power of attorney and a durable power of attor- ney for health care.
The durable general power of attorney is so that you can help your father with financial and legal matters such as paying his bills, paying his insurance, applying for benefits, filing a lawsuit on his behalf (if he was hit
by a car for example), etc.
The durable power of attorney for
health care is so that you can make medical treatment decisions for him when he cannot make them himself.
However, in order for your father create a durable power of attorney he has to be competent. Basically, he has to understand what he is doing, what assets he has, who his family is, and also why he wants you to have power of attorney for him. If he does not understand those things, then he can- not create a power of attorney.
This is why you should always have a basic estate plan (will or trust, durable general power of attorney, and durable power of attorney for health care) done for you as soon as possible; because you never know when something will happen to you. It’s much better for you to decide ahead of time who you would want to take care of you and manage your finances if you are ill, and who you want to receive your assets if you die. This is much better than a court deciding for you.
Michael B. Walling is an Elder Law attorney with a Master of Laws degree. He is the Managing Attorney of The Elder Law Center and the law firm of Michael B. Walling, PLC. Mr. Walling is also a Part-time Professor at Western Michigan University. Please send any questions you would like addressed to: Michael B. Walling, 4625 Beckley Road, Building 400, Suite 4003, Battle Creek, MI 49015. You may also call (269) 968-1101 to set up a free initial consultation.
Senior Times - September 2017
Page 25
THE ELDER
LAW CENTER
Helping Seniors Preserve Their Lives
Asset Protection Planning for Persons in a Nursing Home or Entering a Nursing Home Powers of Attorney • Wills • Trusts • Probate
Don't Lose Everything You Have To the Nursing Home
I can help you save up to 100% of your assets.
Michael B. Walling, J.D., LL.M.
Let me help you properly draft and fund a trust before you or your spouse enter a nursing home; it could save you over $50,000!
MICHAEL B. WALLING
Elder Law Attorney
Author of "Ask the Attorney"
Call for a free
initial consultation*.
*Except Asset Protection Planning
(269) 324-7344
Offices in Portage & Battle Creek
www.wallingplc.com
Helping Seniors preserve their lives for more than a decade.
ask
THE ATTORNEY
Michael B. Walling, Attorney, Special to Senior Times
Calhoun County Medical Care Facility
Short-Term Therapy
Short term therapy is used to transition individuals home by providing on-site physical, occupational & speech therapies.
Therapists work with residents to help them restore their mobility & function, manage pain, and achieve outcomes.
Our goal is to increase independence with daily tasks & to make sure residents recover quickly before returning home.
Marian E. Burch Adult Day Care Center
Restorative Exercise
Restorative exercise is a part of the activities at the adult day care center.
Restorative exercise includes riding the NuStep bike, using the pulleys, and walking on parallel bars.
Maintaining joint functions through simple movements is an important part of a daily routine.
1150 E. Michigan Avenue, Battle Creek, MI 49014 (269)962-5458or(269)962-1750 www.ccmcf.com
cooking
FOR TWO
Joanna Stelloh Phelps, Special to Senior Times
MACARONI AND CHEESE BITES & WARM FETA DIP
August is done so it’s time to flip
a switch to changing seasons and holidays. So I put in a Christmas CD and started decorating for fall. It also means football season which means tailgating foods, some of my favor- ites. Below are a couple of options for you to enjoy rooting for your favorite team!
Macaroni and Cheese Bites
Ingredients:
• 1 cup uncooked macaroni noodles
• 1⁄2 cup Italian seasoned bread
crumbs, divided
• 1 tablespoon butter
• 1 tablespoon flour
• 1⁄4 teaspoon each onion and garlic
powders
• 1⁄4 teaspoon salt
• 3⁄4 cup milk
• 1 cup shredded sharp cheddar
cheese
• 1⁄2 cup Swiss cheese
• 1/3 cup Bisquick-style baking mix
• 1 egg, lightly beaten
Instructions: Preheat oven to 400 degrees. Lightly grease about 18 to 24 mini muffin tins and lightly sprinkle with about 1/8 cup of bread crumbs; set aside. Cook pasta according to package directions, drain and set aside.
In large sauce pan, melt butter over medium heat; stir in flour and
seasonings and stir until smooth. Gradually whisk in milk, stirring con- stantly and cook another 1-2 minutes until it begins to thicken. Stir in 1⁄2 cup cheddar and the Swiss cheese and
stir until melted and creamy. Remove from heat.
Stir in 1⁄4 cup bread crumbs and egg, then add cooked noodles stirring to coat. Spoon about 2 tablespoons mixture into prepared mini muffin tins, top with sprinkle of remaining bread crumbs and cheddar cheese. Bake in oven for about 8-10 minutes until golden brown, cool in pan about 5 minutes before removing to serve.
Warm Feta Dip
Ingredients:
• 4 ounces softened cream cheese
• 3⁄4 cup (3 ounces) crumbled feta
cheese
• 1⁄4 cup chopped roasted red peppers
(from a jar)
• 1 teaspoon dried basil
• 1⁄2 teaspoon each of onion and
garlic powders
• Pinch of salt
Instructions: Preheat oven to 400 degrees. Generously grease a small casserole dish; set aside.
In small bowl, beat cream cheese, feta, peppers, and seasonings until blended. Pour into prepared casserole and bake about 20-25 minutes or until bubbly. Serve with pita or tortilla chips.


































































































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