5 Common Legal Issues That Caregivers Face

It is unfortunately very common for vulnerable seniors to be taken advantage of legally and financially. For this reason, and for planning purposes, it is important to understand the legal issues that may arise for you as a caregiver or for your senior loved one. Here are details and additional resources for 5 common legal issues:

1. Issues With Power of Attorney

It is crucial to designate someone to act as your surrogate decision maker through a power of attorney (POA) document. However, this useful tool can also pose some issues among family members and with other entities like banks. Consider these articles:

• “How is my mother's power of attorney held accountable for financial decisions?”
• “The bank will not acknowledge my POA. What can I do?”
• “Can I get POA for a person with advanced dementia?”
• “I no longer want to be POA for my dad. Any advice?”
• Things You Can and Can't Do With Power of Attorney

2. Seeking Guardianship

If your aging loved one did not name a power of attorney before becoming incompetent or the person they chose has been accused of mishandling their affairs, it is likely that lengthy and expensive guardianship proceedings are underway to appoint a trustworthy person to take over this responsibility. Consider these articles:

• “My father didn’t have POA and ended up in a coma. How can I go about getting medical information from the hospital, so I can help him?”
• “Secondary POA is acting before primary POA and stealing. How can we legally stop the financial and mental abuse without me draining my funds?
• How to Get Guardianship of a Senior

3. Elder Abuse

Unfortunately, seniors can fall victim to multiple kinds of abuse at the hands of strangers and even the people they are closest to. Although those with cognitive impairment are considered the most vulnerable, other individuals are also prone to being scammed. Consider these articles:

• “What do I do if I suspect an elder in my life has been a victim of financial fraud, but they won't share any information with me?”
• “What steps can I take if I believe my parents were taken advantage of by a remodeling company?”
• “Is there anything I can do about my widowed grandparent who is being sweetheart scammed?”
• What to Do if You Suspect a Senior Is Being Financially Abused or Exploited

4. When Caregivers Need Legal Protection

Elderly loved ones and even other family members occasionally accuse caregivers of abuse. Even if their claims are not accurate, the accused caregiver usually faces legal trouble. Consider these articles:

• “How do I protect myself from Adult Protective Services (APS)?”
• “Can I be held legally responsible for damages to my mother's house or injuries that may happen to her in my absence?”

5. Estate Administration Issues

A will is a legal document that establishes one’s wishes for their estate after they’ve passed away. Unfortunately, many people either do not write a will or fail to update it regularly or make it accessible to family members. Even thought wills are supposed to simplify the process, they can cause conflict for many families. Consider these articles:

• “If my friend, for whom I am both financial and medical POA and trustee, dies without a will, what are the ramifications?”
• “My attorney says I can contest my dad’s will. Any thoughts?”
• “How do I find out if my sister left a will?”
• Estate Administration: Know What to Do When a Loved One Dies

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Source: Sollitto, Marlo. “5 Common Legal Issues That Caregivers Face.” AgingCare.com, 7 Aug. 2018, www.agingcare.com/articles/caregiver-legal-battles-elder-care-issues-139138.htm.

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