Legal Issues That Caregivers Face Often

As people become older, they become more vulnerable. Some people, or say, caregivers, tend to use and take advantage of elderly in terms of financial of material benefits. Many families fail to file a complaint because of this as they are not aware of the problem until it is too late. However, the normal people who take care of elder people may find themselves also in various problems. We had talked to elder law attorney San Diego who decided to share some of the most common troubles that caregivers face when they ask for his help.

POA document problems

Very often there is a case when elder person does not have anyone to take care of him and they need some who will act as “surrogate caregiver”. An elderly person finds someone and decides to give him all his belongings after death.

As a caregiver, you are required to provide all the care the elder person needs and in return you get what they own after they die. The power of attorney document specifies all, especially the financial matter, so there could be no problems when the person dies. Still, if not written and specified clearly, the caregiver may face serious problems about the belongings and inheritance. The problem becomes even bigger if the family members show up somehow and claim their part or whole possession of everything.

Abuse of the elder

Caregivers can also be accused of abuse even if they did nothing wrong. Elder people, often those diagnosed with Alzheimer’s disease, tend to forget, hallucinate and recreate the reality because of the brain illness.

The problem starts when they start accusing the caregiver of the abuse. The caregiver, if not prepared well, can face serious problems and consequences, even prison. The best solution is to make an agreement with the person they provide care to so they could avoid situations like these.

Problems with guardianship

A guardianship can become a serious problem for the caregiver if somehow the person is claimed to fail in providing the needed care. Once they lose the guardianship, the attorneys can re-start the process of getting the guardianship, which is a long and exhausting process.

Problems with guardianship

Mother and daughter

The real problem persists if the guardianship is not passed on any person and the elder person ends up in a coma for example. If you do not have the guardianship approves, you will not be able to find out the current state of the person. This makes everything more complicated.

Problems with a will

A will is a legal document that describes the wishes of the one after he/she passes away. It includes the definition the belongings and who will have the access to these. It is recommended, if you are the caregiver to talk to the person to make the will, so you could avoid the possible further problems. The things become more complicated if somehow, the family members emerge after the death. This can make thigs really complicated and hard to solve.