New CAL.. Questions on Legal Forms

[ReneeM]

I have been to several ALS support sights but I can't seem to find a
complete list of the medical/legal forms I should have signed by my dear hubby. He was diagnosed Aug 30.. Head is hard to hold up.. Still walks and can use is arms.. but he is very weak.. hard for him to dress himself.. Almost all his symptoms are just from June 1st on... His FVC on Aug 30 was 80 but I know he is getting worse by the week.

Does anyone have a quick list of the forms I should get signed and do I have to have an attorney do them for us?

I say prayers for all you PALS & CALS.. this is a horrible disease!

 

[mysticunicorn66]

Just from experience that we have had so far, we had the following done by an attorney: Power-of-Attorney (both financial and medical); Living Will or Advanced Directive; and Last Will and Testament. Also, if your husband is not already on Medicare, there is presumptive eligibility with a diagnosis of ALS (i.e. he should be eligible for it). You will need to contact your local Social Security Office (or online at: Appointment of Representative - Form SSA-1696) a form called Appointment of Representative if your husband is not in the condition to go down to Social Security office in person to get the process rolling on that. Neither Medicare nor Social Security recognize a POA and you will need the Appointment of Representative Form in order to go to interviews, on your husband's behalf, for SSI, Medicare, Social Security Disability (at least I did for my sister). Be aware that there are state regulations regarding POA for financial. I know in the state of Maryland, you have to have not only the signatures of all the witnesses, but also their address and phone number too. The document must also specify exactly what the POA is permitted to do financially (pay bills, deal with insurance, etc). Also needed the address and phone number of my sister on the form (for whom I am POA). The bank would not let me do diddly to pay her bills or nothing from her checking account without this on her POA document. Also, when I cashed in her annuity to put into her account to use toward her care, it also had to be on the POA for them as well (and had to sign and have notarized an affidavit from the bank that held her annuity account). If you husband has an annuity, check with whoever hold this or his policy. Some of them have a waiver if the annuity is used for long-term care (i.e. nursing home), that they will waive the administration costs to process the paperwork to cash in the annuity. To get her Medicare, we needed copies of her medical records, the name(s) addresses and phone numbers of drs involved in making the diagnosis of ALS. They also wanted to know the date of onset of the ALS. Once your husband receives disability, he does NOT have to wait 24-months to get Medicare. Under law, that 24-month waiting period was waived. Also, I would advise you contacting your local/regional ALS organization. They usually have equipment in their loan closet that they will let you use if you need it and the insurance won't pay for it or the like. If you have any other questions, message me because I know it is overwhelming to try to get all this stuff together when you don't even know where to start.

 

[Katie C]

I would contact your local ALSA ... they should have a social worker who can help walk you through the paperwork.

 

[brooksea]

Will

POA

Living Will

Quit Claim Deed on home and any other property

Medicare form that allows you to speak for your husband.

There are probably more. I'm sure others will chime in.

 

[mysticunicorn66]

Power of Attorney
Advanced Directive/Living Will
Last Will and Testament

If applying for Medicare/Social Security Disability/SSI--probably need and Appointment of Representative Form (Form 1696)--allows you to go to interviews on behalf of your husband and to find out the status of his claims and such if he is not able to go to the Social Security Office in person. This is what we started out with when I first started dealing with the legal stuff for my sister.

 

[mysticunicorn66]

link to the Form 1696 for Social Security can be found at: "https://www.cms.gov/cmsforms/downloads/cms1696.pdf"--leave off the quotes to get the link to work

 

[mysticunicorn66]

Oh and something for us that about bit us in the hind end: check your states laws on POA (especially financial part). Maryland passed a law in the latter part of last year that my attorney missed. In MD, POA (financial part), needs to state what duties a POA can and cannot do financially. Also, must include not only signatures of witnesses, but also their mailing addresses and phone numbers as well.

 

[mysticunicorn66]

Social Security and Medicare do not recognize POA, that is why you need the Form 1696--they won't tell you diddly w/o it. I can't stress enough to get in contact with your regional ALS office. They often have a loan closet and can loan you some equipment you might need if your insurance don't cover it. Get hubby's medical records. Get the name, address and phone number of the dr(s) who made the diagnosis. Social Security office will want to know the date of onset of ALS. That you will need to talk to the dr about. If he is already on Social Security disbability, the medical records, drs info and date of onset should be all you need (other than hubbys D.O.B and SSN, stuff like that). If he is already on Social Security Disability, he will NOT have to wait 24 months to get Medicare. I think they have up to 90 days to make a decision if he already has Social Security Disability. If he does not have Social Security Disability, it may take a bit longer, but definitely not 24 months.

 

[ReneeM]

Thank you everyone for the great information. He has already been accepted for SSDI which starts in Feb and will automatically be deposited.

I am seeing the ALS social worker tomorrow and will ask what forms she thinks I need to get filled out.

Thanks again for all your help!

 

[brooksea]

If you need a lawyer for some reason, check with the ALS Clinic's social worker. They may be able to direct you to a pro bono attorney that handles things for people such as pALS.