Elderly Care Legal Considerations
Comfort Keepers discusses important information for seniors in Huntington Beach, CA
Legal matters are one of those things that should not be postponed. Part of elderly care is to help your senior loved one keep their legal affairs and documents in order.
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We suggest you visit these helpful resources to get informed on legal matters for seniors.
- Lawyer locator tools on the National Academy of Elder Law Attorneys’ and ABA’s websites
- The Law Issues for Consumers section of the American Bar Association’s (ABA) website
- The ABA’s Guide to Wills and Estates
- The ABA’s Commission on Law and Aging
Advance Health Care Directives
Advance directives (a living will and a long-lasting power of attorney for senior health care) are legal documents where individuals specify the types of medical intervention and long-term care that are to be made in the event they become seriously ill or disabled.
We encourage seniors to discuss these directives with their family and give copies to those they trust.
Wills and Trusts
Wills enable individuals to state how their personal assets will be split when they die. Thanks to wills, potential conflicts among family members are prevented.
Trusts come in several forms, also counting a living trust. They are created to avoid probate, assist in estate and tax planning and provide care for a dependent family member.
Guardians and Conservators
A guardian has the legal right to make personal, financial and health care decisions in the name of a person who is incapacitated either through a mental or physical disability. A guardian could also have the right to choose where that person will live as well as the type of medical treatment they will receive.
A conservator is a person who manages the financial affairs of a person who isn’t able to do that on their own. Moreover, the conservator is in charge of the dependent person's assets, including investing, and he/she needs to handle them for the well-being of the protected person.
Collecting Important Information
By organizing their important legal documents, medical, financial, and personal information, seniors can spare their family lots of troubles when it comes time for them to receive elderly care. It is helpful if their family has all the needed information in case a medical emergency or crisis situation arise.
We recommend keeping this type of information in a large notebook along with the copies of relevant documents that are kept in expandable files.
Always consult a lawyer regarding your senior’s specific situation.