Elder Law & Regulations

Ideally legal planning should be done while seniors are still capable of making decisions about their future legal, healthcare and financial needs. Legal documents such as a will or trust, power of attorney, and advance healthcare directives can make the wishes of seniors on healthcare and end-of-life matters clear to the whole family. If seniors become incapacitated and do not have legal documents conveying their wishes, it may become necessary for family or friends to seek guardianship to ensure decisions are made in their best interest.

Find Senior Living Near You

Essential Planning

This legal document directs what should be done with a person’s assets when that person dies and names the will’s executor.

This legal arrangement allows a person to transfer their assets in such a way that, if done correctly, they do not need to be validated in a court of law and someone else can be put in charge of them should the trust or become incapacitated.

Also known as a health care directive or advanced directive, this statement dictates the health wishes of someone should that person become incapacitated, terminally ill or unable to communicate.

In this document, a principal grants another person the legal right to act on his or her behalf so that person can control their affairs after the principal becomes incapacitated.

If your loved one has diminished capabilities and is unable to manage his or her affairs, it may be time to talk with a legal advisor about naming a guardian to make decisions for this person. In a guardianship proceeding, a court decides whether a person with diminished mental capacity should retain his rights to make decisions about his own affairs.

Learn More

Related Articles