Eleven percent of family caregivers live an hour or more away from their elderly or ailing loved one, according to a study from AARP and the National Alliance of Caregiving. And many are caring for a family member from a distance. In this post, we’ll cover need-to-know legal considerations when caring for elderly family members.
Long-distance caregivers have the same concerns and pressures as Northeast Ohio caregivers — and then some. For example, they spend nearly twice as much on caregiving as people caring for a loved one close by because they’re more likely to need to hire help, take uncompensated time off work and pay for travel.
One of your jobs as a caregiver – whether you live in the Cleveland area or live out of town – is to keep track of their legal affairs, and that is a significant responsibility.
To help caregivers in and out of town, we adapted a list of important items from AARP that can help you navigate the often confusing waters of legal considerations when caring for elderly family members.
Have the Right Documents
In addition to a will, make sure your relative has a durable power of attorney (POA) for both health care and financial affairs. These legal documents will allow an appointed person to make medical or fiscal decisions for a frail or incapacitated relative.
If they do not have a power of attorney and become physically or cognitively unable to choose one, the courts will have to step in.
Your relative needs to create these documents when he or she is still capable of making decisions. It’s highly advisable to use a lawyer to draw up a financial POA because money issues can be complicated, and you want everything as clear as possible.
The health care POA is part of an advance directive. The other part is a living will, which spells out your wishes for care if you have a serious illness — for example, whether and when life-sustaining treatment should be stopped.
Get Organized
There will be numerous legal documents you’ll need to have access to. The documents should be easily accessible in multiple formats (i.e., PDFs for email, notarized, etc.) for you to share with the appropriate parties.
- Birth certificate
- Marriage certificate
- Divorce decree
- Citizenship papers
- Death certificate of a spouse or parent
- Power(s) of attorney (POA)
- Deeds to property
- Deeds to cemetery plots
- Military discharge papers
- Insurance policies
- Pension benefits
- Investment and bank account information
Have A Plan
Having access to important documents and information and the legal authority to make financial and healthcare decisions is important for all caregivers, but it’s even more so for those handling care from a distance. Try to arrange as much as possible during an in-person visit, when you can work with your relative to locate, organize and fill out necessary paperwork and documents needed for their current or future care.
Discuss caregiving matters with all involved members of your family. Put in writing who will be responsible for which caregiving roles — and have all parties sign. This is not a legal document, but it will help keep peace within the family by making everyone’s role clear. The biggest cause of legal problems is usually bad communication.
The Manning & Clair Difference
Manning & Clair Attorneys At Law have extensive experience in matters relating to caring for elderly relatives and protecting them from instances of elder financial abuse. Put our experience and compassion to work for you.
Manning & Clair Note: The information shared here is intended for a general overview and discussion of the subject. It is not intended to be, and should not be used as, a substitute for taking legal advice in any specific situation. Please consult an attorney for advice about your individual situation.