097 – Interview: Common Elder Law Issues When Helping Aging Parents

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.