Archive for June, 2012

A Heartbreaking Story of Elder Abuse

June 25th, 2012

Until relatively recently, I was unaware of how rampant elder abuse is within the legal court system. For almost the last two decades, my life has been consumed by helping as many people as I could in a different way than most give help. I have informally counseled and helped thousands of people through the publishing of my book, as well as in private sessions as a medium/psychic. It was not until my good friend started to share her story with me that my eyes were opened to something far more prevalent than I was cognizant of; at least on a conscious level.

I have been privileged to know Diane for over five years. During that span, she has never been anything but helpful, loving and compassionate to everyone. Doing what I do for a living generally makes me able to be a pretty good judge of character. Ironically, it is a judge and his decisions that prompted me to write this article. The choices and attitude he has expressed have been protected by legal statutes. While they might be legal, they are far from moral, ethical or compassionate.

This all began approximately two and a half years ago. Diane’s mother had given her power of attorney and named her the healthcare proxy. Like many families, there were disagreements with the siblings. Diane was being told that her brother and sister wanted to sell their mother’s home and place her in a nursing home. While this elderly woman, Dorothy, had some early dementia and knee problems, she was still a vibrant, cognizant person. She had no interest in being displaced so that those two could have her money. Diane’s family suggested she file for legal guardianship to protect her home and to protect her mother’s life as well. It seemed to make an abundance of sense.

To tell the events of what unfolded quickly is really an injustice to the elder abuse that has incurred since. The siblings contested the petition for guardianship. Instead of reaching a mediated agreement, the judge listening to the case decided he would be better at making decisions for everyone. He assigned a law guardian and a healthcare manager. It appears these three have worked together before. Diane was immediately removed from what her mother wanted; to have her take care of her needs if there was any reason for it. As it was, Dorothy would spend many weekends at Diane’s house. It must be noted that Diane works from home and took care of her father in his last years. It would give Dorothy a change of scenery and much appreciated love and companionship. All of that was about to change.

Diane, rightfully, brought in a lawyer to help overturn the judge’s decision. This attorney had handled her parents’ legal needs in the past. Not only was he familiar with the family dynamics, but he had intimate knowledge of what Dorothy wanted. He was even going to represent Diane pro bono. All he wanted to see was that this aged woman was allowed to live happily at her own home, or with Diane. The Supreme Court judge, based in Nassau County, New York, took it upon himself to unfairly disallow the attorney’s generosity and right to represent Diane. It was the first step in a string of negatively prejudicial rulings against my friend. » Read more: A Heartbreaking Story of Elder Abuse

Four Situations Elder Law Lawyers Can Help With

June 25th, 2012

Elder law lawyers can help with a number of situations that have to do with caring for seniors and their families. If you’re unsure what elder attorneys can do for you, consider these four common situations. This is by no means a comprehensive list however, so it’s a good idea to consult a lawyer if you have further questions.

Elder Law Lawyers Can Help Plan For Long-Term Care

Long-term care is expensive and many families don’t have the means to pay for it entirely by themselves. Talking with elder attorneys to formulate a plan before it’s needed is an excellent idea for any family. A lawyer who practices in elder care law knows how to legally transfer assets to help someone qualify for Medicaid and how to preserve assets to protect spouses and provide them with money to live on. A long-term care facility can cost anywhere from $100-$500 a day, which works out to be nearly $40,000 to well over $150,000 a year. Even wealthy families can have problems affording this type of ongoing medical treatment and this is where an attorney can help.

Attorneys Can Draw Up Wills

A will is another important aspect of elder care law. Having a will in place before you pass can ensure that family members don’t argue about where your assets go when you’re gone. An attorney that specializes in wills can help you determine how to pass on assets while minimizing the tax liability that your heirs may encounter.

Attorneys Can Contest Wills

Sometimes it can be necessary to contest a will. This could be done for a number of reasons. Perhaps the document was drawn up when the person was under the influence of someone else or maybe the will indicates that the deceased was in a compromised mental state. If you’re concerned that a loved one’s will doesn’t represent their true feelings, consider contesting the document. On the contrary, if someone else in your family contests a will, you can hire one of these attorneys to help defend the document.

Lawyers Can Draw Up An Advanced Medical Directive

Most people will require some sort of medical care toward the end of their life. There’s a chance that at some point you may not be able to make medical decisions for yourself and this is where an advanced medical directive is useful. » Read more: Four Situations Elder Law Lawyers Can Help With