Elder Law/Elder Abuse

Elder law is an area of legal practice that specializes on issues that affect the aging population. The purpose of elder law planning is to prepare the elderly person for financial freedom and autonomy through proper financial planning and long-term care options.

Elder Abuse is an intentional act, or failure to act, by a caregiver or another person in a relationship involving an expectation of trust that causes or creates a risk of harm to an older adult.

With the COVID-19 pandemic the following information may be of value to you at this time:

Springing Durable Power of Attorney. In some states, a “springing” power of attorney is available and becomes effective when a specified event occurs such as when the principal becomes incapacitated.  It’s helpful to have these conversations in happy times, when your loved one is well so you can determine their wishes for their financial security and healthcare should a time come when they are unable to make the choices for themselves. It can be durable or non-durable and can encompass any number of affairs the principal wants to assign to their agent.

Medical or Healthcare Power of Attorney.  This grants authority to the agent to take specific control over the healthcare decisions of the principal should they become incapacitated or unable to do so.  This usually is upon consent of the presiding physician.