Common Misconceptions Regarding Elder Law

Courtesy of George S. Ingalls, P.A.
The Elder Law Center
Towson, Maryland, USA

Common Perception:
Guardianship is a simple process especially if requested by the family. Just ask the family doctor to appoint you as guardian.

Answer:
Actually, Guardianship is a court procedure which is subject to the regular court related costs and time delays. Approximately 8 to 10 weeks are necessary. Family doctors do not appoint guardians.

Common Perception:
Family members are allowed to write checks and use other financial resources which belong to relatives who become mentally or physically disabled through illness.

Answer:
In fact, family members are never automatically given permission to use financial resources unless held in joint name. If the financial resource is not held jointly then written authorization is required, which is called a power of attorney.

Common Perception:
Planning for an age-related mental disability can be done at any time, even if the person is in a hospital.

Answer:
Actually, Planning for an age-related mental disability can be accomplished only if the person in question is mentally competent to consent to the representation of the attorney-in-fact or by a court guardianships proceeding.

Common Perception:
Adult children do not need special permission to help their parents, and the oldest child always makes the final decision if the parents are unable.

Answer:
As mentioned above, adult children , including the oldest child, are not automatically authorized to make decisions for unable parents. Written authorization to act for the parent is required.

Common Perception:
My children will know what is best for me if I get sick. Why should I worry about something that may never happen? If I ever need help, my children will know who to call.

Answer:
On the contrary, if a crises occurs , children are often unaware of their parents' wishes. The children may live out of state and not even know who their parents' doctors, attorney, or accountant are.

The educational information provided here is only general in nature and is not intended as a legal opinion. For specific advice or assistance, please contact a legal professional.

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