As your loved ones get older they start to become more vulnerable mentally. Often these seniors can be taken advantage of. This is why legal planning is crucial for many seniors. If these plans are not made then it’s likely that a family caregiver will find themselves in a bad situation.
Caregivers can find themselves in some situations in their caregiving journey. With the right planning many of these problems are avoidable. Others can be impossible to anticipate. Here are 5 legal issues caregivers can face:
- Power of Attorney
Drafting a POA document to designate someone else to care for you in the case that you cannot care for yourself is a crucial part of planning for the future. This however can cause issues among your family and other entities such as banks.
- How is the POA held accountable for financial decisions?
- If the bank doesn’t acknowledge my POA, what do I do?
- Can I get a POA for a person with advanced dementia?
- If I want to stop being a POA, how can I?
- Seeking Guardianship of an elder
The real trouble starts when your older adult has not yet named a POA before becoming incompetent. If the adult has already chosen, then they could be mishandling her affairs. In order to appoint a trustworthy POA, lengthy guardianship proceedings are usually necessary.
- Preventing and prosecuting Elder abuse
There are many types of abuse that seniors can fall victim to. This can even come from a loved one. Certain diseases such as dementia or Alzheimer’s only adds to the likelihood of this happening.
- Accusations of abuse or neglect
Even without any trace of abuse, you may still be accused. If this happens it could end up being investigated by the APA. These claims may have no basis at all. The person making them may not have any real cognitive ability to realize it’s not true. This can cause some issues if the senior you’re caring for starts to make these accusations.
- Estate Administration
When the person you are caring for dies, their estate and financial affairs still have to be managed. This involves distributing assets to the heirs and paying any debts off. A will often points out the last wishes of the deceased person in how they want their estate managed. This however is not always the case. Many seniors leave behind no will at all. This can put an added strain on the family member dealing with the estate.
Consult an Attorney
Whether you are new to caregiving or just need help with a loved one getting their affairs in order, seek guidance from an attorney. An elder law attorney who specializes in that field will be able to put you on the right track. Make sure you and the elder you are caring for have a plan set up. This will let you both succeed. Contact your local elder law attorney today to figure out your best plan.
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One of the many benefits of being an elder law attorney is getting to work with selfless clients who act not out of their own self interest, but out of a deep concern for the people they love. That’s why I love helping families enjoy peace of mind and protect their hard-earned assets.
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