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Power Of Law Firm - Health-Related Cautions




Powers of attorney for healthcare selection certainly are a valuable tool to make sure that your medical wishes are executed in case you become incapacitated and not able to express your desires. However, these powers might be abused and cost you dearly - with regards to your own personal well-being as well as finances.





This is a actual life story to illustrate:

Dad is Four decades old and has dementia. While mentally incapacitated, his son manipulates Dad into signing powers of attorney either way finances and for healthcare.

Dad has enough cash in various investments and bank accounts to cover in-home caregiving services. Getting extremely expensive, but he, like the majority of elderly individuals, would rather remain at home within a familiar and comfy environment. If Dad was mentally capable of deciding where he would live and whether his savings must be used for his care, he then certainly would opt to stay at home.

Unfortunately, his son has different ideas. He views Dad like a cash cow, and sees absolutely no reason why Dad's money needs to be useful for in-home care and deplete son's inheritance.

Therefore, son uses the effectiveness of attorney for healthcare (known as an Advance Health Care Directive in California) to have Dad permanently placed in an elderly care facility. Son also speaks with the nursing staff, and convinces them that Dad's other children plan to harm him, which we're not to own any access or communication with Dad, unless son authorizes it.

Isolation can be a key factor in elder financial abuse. To ensure son to carry out his plan, he must make certain that all outside contact with Dad is halted; otherwise, a relative or friend could visit Dad, inquire with the nursing staff, and uncover son's devious plot of exploitation.

Given that Dad has been warehoused within a elderly care (using the healthcare energy attorney), son has free rein to work with the financial energy attorney to gain access to most of Dad's monies. Son can close accounts, open new accounts in son's name only, and transfer most of Dad's monies. Soon, Dad is broke and the elderly care facility bills will likely be covered with the state.

Sounds incredible, but this is a true story. Fortunately, outside assistance is accessible, however it requires you to definitely observe that abuse has taken place then step-up on the plate and intervene.

An elder law attorney could also assistance with civil litigation to freeze Dad's accounts, recover the monies wrongfully taken, and return Dad to his home with in-home medical assistance; provided, however, that son has not yet already spent nearly all of Dad's money.

While an electric of attorney for healthcare is a vital tool, it is also abused if placed into the hands of an unscrupulous person.


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