When Mom and Dad Won’t Move – Sweeping the Minefield of Long Distance Caregiving
November 1, 2009
Gina M. Barry, Esq.
When the time comes for long-term care, most elders prefer to stay in their present location, even if staying there means being at a distance from their primary caregiver. Although the distance creates many hazards, steps can be taken, whether you are the elder or the caregiver, to avoid the minefield of legal and financial issues that await you.
Many times, caregiving is interrupted when the elder has not established an effective estate plan. The most common legal issue confronting caregivers is lack of authority to handle financial and medical decisions if the elder becomes incapacitated or incompetent. By executing a Durable Power of Attorney and Health Care Proxy, the authority to make financial and medical decisions can be granted to the person that the elder chooses. Thus, while the elder is able to express his or her wishes, the caregiver should discuss the need to legally establish someone to handle financial and medical matters in the event of incapacity. The caregiver should also be sure to discuss end of life decisions with the elder and ensure that the elder’s wishes are memorialized in writing within the proper legal document. The estate plan should also include a Will so that there are clear instructions as to the disposition of the elder’s estate upon their passing away.
You may read more at the link below.
by: Gina M. Barry
Prime
November 2009
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