097 Common Elder Law Issues When Helping Aging Parents


Manage episode 241940609 series 2359394
By Leslie Kernisan, MD MPH, Leslie Kernisan, and MD MPH. Discovered by Player FM and our community — copyright is owned by the publisher, not Player FM, and audio is streamed directly from their servers. Hit the Subscribe button to track updates in Player FM, or paste the feed URL into other podcast apps.

In This Episode:

Dr. K talks with elder law and estate planning attorney, Mark Gilfix, JD, about common legal issues that come up when helping aging parents. He is a partner at Gilfix & La Poll Associates, a Bay Area law firm that helped pioneer elder law. They discuss:

  • What is elder law and how it differs from estate planning and trust law
  • Why a durable power of attorney (DPOA) is a vital elder law planning tool
  • How DPOAs come into play if there are memory issues or other capacity concerns
  • The role of attorneys in checking capacity when their clients complete legal documents
  • What happens if you contact an older parent s attorney with concerns about memory or capacity
  • The risks of undue influence, financial exploitation, and family members having an agenda
  • What people can do if they are concerned about the validity of an older person s legal transaction
  • Options when a potentially impaired older parent refuses to release DPOA documents to family
  • Why it s best for families to communicate early and often
  • How elder law attorneys can help with long-term care planning
  • Tips on starting planning conversations with your family

Related episodes:

091 Interview: Reducing the Risk of Power of Attorney Abuse

037 Interview: Using Powers of Attorney to Help Older Adults

070 Interview: Addressing & Preventing Financial Exploitation in Aging

038 FAQs On Incompetence & Losing Decision Capacity

Related Resources:

For more information on the Helping Older Parents Membership Community, where people helping aging parents can regularly get guidance from Dr. K and from geriatric care managers, click here.

Never Miss an Episode! Sign up here to be notified of our latest podcast episodes by email. Click here now.

The post 097 Interview: Common Elder Law Issues When Helping Aging Parents appeared first on Better Health While Aging.

124 episodes