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:
- Gilfix & La Poll, Associates LLP
- California Probate Code on Creation of Powers of Attorney
- National Center on Law & Elder Rights (NCLER) Issue Brief: Drafting Advance Planning Documents to Reduce the Risk of Abuse or Exploitation
- Better Health While Aging: Incompetence & Losing Capacity: Answers to 7 FAQs
- American Psychological Association: Assessment of Capacity in Older Adults
- American Bar Association: American Bar Association Ten Legal Tips for Caregivers
- National Academy of Elder Law Attorneys
- For law firms that include geriatric care coordinators: Life Care Planning Law Firm Association
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.
Leave a Reply