Parker Waichman LLP

Legal Resources for Caregivers

Content approved by Jerry Parker Caring for aging parents is a common situation for adult children. This situation can be the cause of significant stress for a variety of reasons. Learning about caregiving, including (legal) aspects of aging, will help you navigate the situation more successfully. Important issues such as decisional capacity, power of attorney, […]

Content approved by Jerry Parker

Legal Resources for Caregivers Caring for aging parents is a common situation for adult children. This situation can be the cause of significant stress for a variety of reasons. Learning about caregiving, including (legal) aspects of aging, will help you navigate the situation more successfully. Important issues such as decisional capacity, power of attorney, health care proxy, (nursing home abuse), and (fraud) will need attention to ensure that (elderly) family members are safe.

Plan Ahead

Ideally, you should make legal plans for caring for elderly parents before you need to utilize the plans. This is crucial because it ensures that the elderly family member(s) will be able to participate fully in the planning stage. If an illness occurs that diminishes mental capacity and makes it impossible for this cooperative planning, you’ll be forced to do it without your family member’s input. This would make it necessary to guess about many things, which isn’t ideal. Preplanning also gives you time to research the (law) and proceed through potentially complex financial issues.

What is Decisional Capacity?

Decisional capacity refers to a family member’s ability to make important legal and financial decisions. With aging, it’s common for capacity to decrease gradually. Some (elderly) people also experience a decline in some areas while staying strong in others. A physician can help with evaluating capacity of a senior family member, which can help with a health diagnosis, treatment options, and long-term prognosis.

Review and Update Frequently

After devising a care plan, be ready to review it regularly. Health can change quickly or it may evolve slowly, and the care plan will need to stay in step with health needs. Other changes can occur, such as a death in the family, relocation, loss of employment, and more. When a change in personal circumstances impacts the care plan, update the plan and any associated documents.

Tips for Memory Care Patients

People with dementia or Alzheimer’s disease need special precautions in place to protect their assets. These patients are at risk for fraud if other people take advantage of them. Often, caregivers will create a system that gives the patient limited access to funds to pay bills and make small purchases. The plan will safeguard accounts, retirement funds, and stocks to keep these funds intact. It may also be possible to create a cosigning account to require multiple signatures for withdrawals.

Partners in Care

A “partners in care” relationship between caregiver and elderly parent is an ideal way to manage the situation. This allows the parent to maintain control and independence for as long possible with the caregiver stepping in only when necessary. Both parties can work together to plan for the future and take care of daily needs. The caregiver assumes a position of assistant only until a larger role is necessary.

Differences Between Guardian and Conservator

A guardian has the (legal) authority to make all decisions about another person’s wellbeing. This role is customary for parents with children, and it can also apply to adult children with an elderly parent. A guardian decides where a person lives, what medical treatment they will receive, and any activities for participation. A conservator is granted legal authority to manage someone else’s financial affairs.

Manage Expenses with Insurance

Long-term care insurance can be a worthwhile investment to ensure that an elderly person’s health care needs are met. Ideally, you will have this insurance in place before you need it. This type of insurance can help pay for nursing home care, home health care, and medications. Different plans have different price points and benefits, so it’s important to compare several policies before choosing one. Veterans will often be eligible for financial support and health care coverage. Once you have insurance policies in place, gather all the documentation and keep it in a safe place.

Seek Legal Advice

Seeking legal advice can be helpful when ironing out a care plan, especially if several siblings are involved. An unbiased professional can assess the entire situation and provide recommendations for planning for future needs. It’s also important to set up a power of attorney for a loved one while the elderly family member still has decisional capacity, and an attorney can assist with this process. Drawing up a will is another important step that will usually entail the assistance of an attorney. A health care proxy gives a caregiver the legal authority to make all medical decisions. An elderly patient can appoint an individual to serve as a health care proxy to make medical decisions on their behalf.

Elder Abuse

Elder abuse can take many forms, including physical, psychological, and financial. A caregiver must remain vigilant to ensure that an elderly family member is not harmed in any way. The abuse may come from staff in a nursing home or home health care, it could occur with family members, or it can even happen with strangers in the form of financial (fraud). If elder abuse is suspected, take immediate steps to safeguard your family member.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Positive: Professionalism , Quality , Responsiveness I am so thankful for Parker Waichman’s team. Tina morace was so professional and knowledgeable.
Carol Willis
2 years ago
5 Star Reviews 150
Positive: Professionalism , Responsiveness Thank you so much to the team, particularly Benita Rollis, who handled my concerns promptly, efficiently and compassionately. Thank you again Benita for your help and kindness.
Christine M
2 years ago
5 Star Reviews 150
I’m really satisfied with my experience dealing with Parker and Waichman and especially my attorney, Mathew Hinrichs, along with the support staff (Jacqueline & Theresa). My attorney is very professional and thorough but very approachable. He always returns calls/emails even in the early evening if necessary. His support staff of Paralegals are professional and thorough as well. This law firm gets things done! My confidence in Parker Waichman is very high, and I have been recommending this law firm to others here in Milwaukee by word of mouth. This recommendation will continue.
Daniel Kasten
3 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038