The best time to protect yourself against possible elder abuse is to do so long before it could ever be an issue.
Both federal and state governments have recently started to pass laws to address the growing incidents of elder financial abuse in the U.S. While these laws are good and necessary, they share one common flaw.
The laws tend to only protect against elder abuse at the time it could happen, when one is elderly.
That is the correct legal way for legislatures to tackle the issue.
On the other hand, on a personal level, people would more adequately protect themselves, if they made plans long before they are elderly.
This advice was discussed in a recent Wills, Trusts & Estates Prof Blog titled “Seven Tips for Protecting Clients from Elder Abuse.”
People who make plans before they become elderly, are at a significant advantage.
One of the things they can do with the help of an attorney, is to draft documents that determine in advance how mentally incapacity would be defined for them. That way if they start having problems, they will have documents in place to let someone else take over.
This can be better than relying on an elderly person, who is starting to see some signs of mental impairment, to recognize the problems and let someone else take over before a bad actor comes along and commits elder financial abuse.
Working with an attorney beforehand, lets you do a lot of other things as well, such as creating trusts, advanced medical directives and powers of attorney.
Reference: Wills, Trusts & Estates Prof Blog (June 13, 2017) “Seven Tips for Protecting Clients from Elder Abuse.”
“On the threshold of retirement, we finally decided to quit thinking we could self-prepare the requisite documents. We had previously had only a very simple will. We needed the necessary legal (including updated will) & health care docs but didn’t want to deal with the time & complication of legalese. Cindy made the process relatively painless. She took the time to explain and answer questions without trying to upsell services. We were done in 2 meetings plus the reading of emailed drafts. In addition to preparing the documents, Nelson Eldercare will be there when our adult children need advice on executing the plans we’ve put in place.So glad it’s behind us and would recommend Cindy and her helpful staff.”
Cindy and her company treat their clients like family. Nelson’s offers clear, direct, and honest guidance in planning for your families security and future. No one wants to actively sit down and make these decisions, but Nelson’s makes this process seamless. I was so impressed with their willingness to answer all questions big or small. So glad I made the decision have them help my mom and dad and now me. You can’t go wrong with Nelson’s Elder Care Law.
The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!
I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.
Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.