As people grow older, they are more likely to suffer from physical or emotional infirmities, which impair their ability to make decisions and to perform activities. At this stage in an adult’s life, their family members and often their children are required to make decisions on behalf of their parents. Sometimes, people physically can’t take care of themselves or they can’t live on their own. Leaving these people to care for themselves can result in dangerous consequences. The elderly can slip and fall frequently and they may suffer broken bones or even worse. Many require part-time or full-time care, but they are in denial that they need any help.
When an elderly person should not be able to drive anymore is also an extremely complicated and touchy subject.
In addition to the physical ailments that the elderly suffer they also contract diseases, which can affect their mental and physical well-being. This is sad, but true.
An individual can become forgetful from either disease or age in general. Their ability to remember things can change very suddenly. They may have trouble finding things such as their keys, checkbook or even people’s names.
This could result in serious consequences, because there are many individuals looking to prey on the elderly.
An incapacity proceeding is required to show that an individual to show that an individual can no longer make certain limited decisions or any decisions depending on the condition of the individual. The proceeding also demonstrates many acts that the individual can no longer perform. The decision to file a petition to determine Incapacity is a difficult one, because many people refuse to acknowledge that they are old and incapable of caring for themselves.
There are safeguards placed by the Court to protect the rights of these individuals. Three Examining Committee members must give three different opinions and the alleged incapacitated person is entitled to an attorney. These measures are put in place to protect the rights of the elderly against abuse.
There are many other aspects of Elder Law, which I would be happy to discuss upon a call to my office at 954-260-5479 or e-mailing me at kmaplanlaw@aol.com.