When a person is no longer capable of handling
his or her personal and financial affairs, it is necessary for someone
to assume those responsibilities. It is possible to avoid a court
supervised conservatorship of the person and the estate by preparing
legally binding documents designating who the person wants to act
on his or her behalf. We assist the Trustee / Agent with his or
her duties to ensure the work is performed in accordance with applicable
state and federal laws.
As we and our loved ones age, proper planning,
including financial and estate planning, are necessary to provide comfort
and security. The cost and burden on the estate for extended care
facilities can often be managed successfully by good planning.
Qualifying for Medi-Cal can help meet the financial
needs of a person requiring long term or other expensive medical
care. Wise preparation can allow a person to maintain his or her
quality of life while preserving hard earned assets.
Elder Abuse Issues
Unfortunately, there are numerous claims of abuse
against elderly individuals. Abuse may be financial, mental and/or
physical in nature. Those responsible may be caregivers, other family
members, nursing homes or strangers. Immediate investigation and legal
assistance can often reduce or even eliminate the suspected abuse.
At times, litigation can provide a remedy even after the fact.
Some cases that we have handled have involved financial abuse or theft
by people outside the family. In all cases it is important to quickly
secure the situation, get the facts, and identify the relevant rights
and responsibilities. In the family setting it is not uncommon for
settlement to be reached, but often not until after some contentious
litigation.
