7 Legal Issues That Caregivers Face

23 Comments

Sometimes people become more vulnerable as they age. Too often, they are taken advantage of. Strangers and family members alike may try to exploit a senior’s weaknesses for personal gain. As a result, caregivers who are trying to take care of their elders often find themselves in sticky legal situations.

Here are some cautionary tales from the AgingCare.com Caregiver Forum about the legal troubles that seniors and their family caregivers have faced:

“My grandfather 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.

“My mother-in-law 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 they lose the ability to make decisions.

“My mother is threatening to turn me in for abuse.”
Whether it is due to dementia or out of spite, an elderly parent might accuse a caregiver of 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.”
Deceitful individuals look at an elderly person and see dollar signs. A common scamming tactic is to start a relationship with them in order to get money.

If you are experiencing legal issues associated with caregiving and elder abuse, you are not alone. Connect with other caregivers who have similar problems, on the Caregiver Forum and use the Elder Law Attorney Directory to find legal counsel in your area.

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23 Comments

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.

i need help to find attorney in either norwalk california or temecula california so i can sue her i need atty that will wait for his money while it goes to court i dont care if he gets it all
I need help now!!! My mom and dad are both living at home in with advanced dementia. A hospice nurse come every 2 weeks, and both have DNR orders, and need assistance with mobility and ambulation. The caretaker was hired in desperation, and is not licensed. she's there 12 hrs. daily, and has manipulated money from them. Our nightmare (if we don't get their resisted guardianship and POA (power of attorney), there hundreds of thousands of dollars in assets will be pilfered. They both trust her explicitly, and anything could occur.
My sister is trying to get POW and guardianship. The 'caretaker' keeps referring to "conferring with her attorney" and both parents have explicit respect for their every need she had provided.