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

Dr. K talks with elder law attorney Mark Gilfix, JD, about common legal issues that may come up when trying to help an aging parent, and how to manage them.

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.

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