7 Legal Issues That Caregivers Face

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As people reach old age, they become more vulnerable. Too often, they are taken advantage of. It's not only strangers, but also family members who exploit an elderly person's defenselessness. In addition, the caregivers who are trying to take care of their elderly parents often find themselves in sticky legal situations.

Here are some horror stories from the AgingCare.com message boards about the legal trouble that elderly people and their family caregivers have had:

"Dad signed his Power of Attorney over to a scam artist"
When an elder lives alone, is too trusting or doesn't have someone watching over their finances, they are easy prey for scam artists.

"My brother is stealing money from our elderly mother"
It's not only scam artists who prey on the elderly. It could be their own child.

"Mom never changed her Power of Attorney. Now she has advanced Alzheimer's and it's too late"
Families should have an honest discussion with aging parents about appointing a POA, before the elder loses the ability to make decisions.

"My mother turned me and my siblings in for abuse"
Whether it is due to dementia or spite, an elderly parent might charge a caregiver with abuse. Even if it is unfounded, the caregiver is in a heap of legal trouble.

"My siblings are suing me for taking care of our father"
When one sibling is caring for the parent full-time, siblings may accuse the caregiver of stealing money, abusing the elder, or mishandling assets. 

"My siblings only care about their inheritance…not mom's well-being"
Whenever there's money involved, things can get ugly. Some siblings may be more interested in protecting their inheritance rather making sure mom or dad is getting quality care, living in a good nursing home, etc.  

"My elderly mother is being taken advantage of by a younger man"
Gold diggers and opportunistic younger men and women look at an elderly person and see dollar signs, starting a relationship to scam money from them.

If you are experiencing legal issues associated with elderly parents, you are not alone. Connect with other caregivers who have similar problems, on the AgingCare.com Community.

 

 
 
 

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Heatherj43

Give a Hug

May 20, 2010

My nephew, who WAS caring for both my parents had me removed by the police from our family home. I live elsewhere. I had accused him of abuse, that I witnessed, which caused him to call the police. The police sided with him because his ID had my parents address on it.
I was escorted out...thankfully my oldest sister had guardianship of my mom and evicted my nephew the next day!
I spoke with the police officer's supervisor who said they WERE suppose to ask my parents if they wanted me there and only if they said they wanted me gone should I had been forced to leave.
The officers never asked them if they wanted me there, but diod ask if they wanted my nephew there and both parents said they wanted him gone!
Its my parents home and they can have over whoever they want!! My father does not have a guardian yet.
I left crying, but everything in me now wishes I let them arrest me and let them answer to a judge just why they kicked me out of my parent's home, which i grew up in and even had belongings in!!
Nonetheless, the nephew is gone and my sister and I are now sharing the care with my parents. We made the room my nephew did have into a nice place for us to go to when we need a break. Sometimes, we stay the night, but my parents really don't need that all the time at this point.
His sister, my niece had been a cartaker at one point and stole over $14,000 from them. She had opened a line of credit in my dad's name too. My sister is paying the bank $400 a month back rather than penalize her. It makes me mad, but I don't know how I want to handle it. They are my parents too and I can prosecute. It won't get the money back to prosecute her, but it angers me so much to see how family can treat one another.
My mom is 83 and my dad is 93. Thye have different kinds of senility. My dad is like the normal alzheimers, but my mom isn't. She has a great memory, but has hallucinations and dementia. Its scary for her because she knows she is crazy at times, my dad really doesn't realize how bad he is.
Bless all you caretakers. Its a tough job!!

 
 

mseitzer

Give a Hug

Jun 30, 2010

What a great article. Well-written, practical, and a nice outline of "red flags" for family caregivers.

 
 

hilouie

Give a Hug

Jul 12, 2010

It is not just family members who can "turn in" a caregiver on trumped-up charges of abuse. Relief or respite caregivers, hired for day care in the home, can do it too. I had a caregiver who came in for a few hours on certain days of the week, for about six months she was very nice and helpful, then out of the blue she accused me of beating my wife, who has Parkinson's, citing as "evidence" blotches on her arms which are a side effect of medications (baby aspirin), certainly not abuse. In going to our county's adult protective services and the priest of our church, she knew she was telling a lie, but did it anyway. There is also reason to believe she committed an act of vandalism on our property, cutting a water line in an apparent attempt to have us without water when the county social worker arrived. That didn't happen, but as a result of that plus misunderstandings on the part of some doctors, the county has appointed a public conservator for my wife. She is in a nursing home now, which is probably for the better, but neither she nor I have any choice of what nursing home, or board-and-care home,; I am facing a court hearing and dont know whether it is better to ask to BE her conservator or ask that the case be dismissed. There will be buko legal expenses and court costs - money I need to take care of my wife!
Anyone had a problem of an UNWANTED conservatancy?
Dave

 
 

DaisyEwing1

Give a Hug

Jul 24, 2010

Our legal system has way too many caveats in it. The above story could happen to almost anyone; particularly couples without children to look after them in their legal struggles. The court system sucks when it comes to protecting elderly folks such as this.

 
 

maggiesue

Give a Hug

Dec 1, 2011

My mother's neighbor is a disbarred attorney and he has decided he is going to be my mother's caregiver. My mother loves it because she likes the attention and she can order him around. He has already had her change her medical power of attorney to him so he can make all the choices for her care -- life and death. She never told me what she had done. I found out when she was hospitalized with a serious illness.

She also revoked my power of attorney for financial affairs. I don't think the neighbor has that power of attorney. I found that by accident. She never told me what she had done. If she becomes disabled I don't know how I will pay her bills.

I have not idea what she has done about her will. She told me once that the disbarred attorney got all the house contents but I don't know if she signed anything.

All this is frightening for me. I go over there every Sunday and I don't know if I will find her dead or alive. I am pretty sure that some day I will have to clean up her hoarded mess. But I don't know where I stand and if I'll have to deal with this sneaky disbarred attorney.

No one in the neighborhood likes him. My mother's attorney does not like him. The family has all warned her against him. The lady who helps my mother with housecleaning and laundry leaves if he's around. I have warned my mother that this nuisance will drive all her other help away if she lets him. She said she understood.

I don't know what he's up to. He belongs to some sort of religion that says there are only so many seats in heaven and he needs to try to earn a seat for himself while he's on earth. But I think he might have some earthly motivations too.

He is also working on the elderly couple who live next door to my mother. Since he doesn't have a job anymore, he has plenty of time to play up to the elderly.

 
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