Elder Care and Guardianships

Elder care whether it will be for yourself or a loved one needs planning.

What Does It Mean to Be Disabled/Incapacitated?

You may think your family member cannot handle their own affairs. Personal opinion is not how incapacity/disability is defined under the law. Define what it means to be disabled/incapacitated?

Ever hear this before?

Dad is getting older and can no longer handle his affairs

Mom’s home has become too much of a burden for her to maintain

Dad’s health has declined and he can no longer live on his own

Mom has good days and bad days, but generally doesn’t know what is going on

Practice Tip: None of these establish disability or incapacity.

What Does It Mean to Be Disabled/Incapacitated?

What do we mean by “disabled”? Not physical – physical disabilities do not impair the ability to buy/sell/transfer. Cognitive – if an individual does not have the ability to contract, they can’t buy/sell property. Incapacity merely means the person can’t handle their own affairs. A person can’t sign paperwork to buy/sell/transfer. It does not give legal authority to the family to step in and buy/sell/transfer

How to Protect Against Disability? There are two aspects that need to be addressed: legal authority and financial impact. Details need to be defined.

Practice Tip: A Power of Attorney does NOT guarantee the family can sell or transfer assets.