How Do You Take Care Of An Aging Parent?

As a parent grows older, you may find yourself wondering what type of care and assistance they will need. You may be worried about financial exploitation, for example, or simply concerned about their well-being as certain ailments or health conditions progress.

If you are looking for an experienced long-term care planning attorney, Mullin Law Firm can help. We have been providing these services in Concord and throughout California for more than 45 years. We know how emotional and complex these situations can be, and our team will help you consider all your legal options.

Conservatorship Versus Power Of Attorney

You should consider the possibility that you will have to make health care or financial decisions for your parent at some point. A durable power of attorney and a conservatorship can give you the ability to make decisions on another person’s behalf. The main difference between the two is how they are established. A power of attorney is entered into voluntarily in advance, whereas a conservatorship must be put in place through the courts after the person is incapacitated.

When you must seek a conservatorship to make decisions for an incapacitated parent, there are two options. A conservatorship of the person allows you to be responsible for your loved one’s personal care and protection on a daily basis. A conservatorship of the estate allows you to manage their assets and financial needs. However, conservatorships involve a lengthy court process and high costs.

It is more efficient and less costly to plan for these situations in advance by creating a durable power of attorney and an advance health care directive that will allow you to make financial and medical decisions when needed. With a durable power of attorney, your parent can give you the ability to make financial decisions on their behalf upon incapacitation or during a specific time period. With an advance health care directive, your parent or loved one can authorize you to make health care decisions on their behalf if they cannot make them. Theese powers specify people of your parent’s choosing to make health care decisions and/or financial and property decisions for them.

Asset Protection For Long-Term Care Planning And Nursing Home Costs

It is important to consider asset protection, especially when looking at long-term care and nursing home costs. Putting assets into a trust can sometimes protect them from scammers and predators.

Legal Responsibilities For Adult Children In California

Many people don’t know that California law states that adult children are legally required to care for and financially support parents if they can’t do it on their own and if the child can afford it. Known as filial responsibility laws, they may be enforced if:

• Your parents have no money and do not qualify for public assistance/Medi-Cal
• Your parents have outstanding bills for nursing home care

It should be noted that enforcement of filial responsibility laws is uncommon, but that doesn’t mean that it can’t happen. Be aware of the possibility and make sure you plan ahead by:

• Talking with your parents about planning for long-term care
• Discussing their financial situation
• Seeking Social Security and/or Medi-Cal benefits if they are eligible

You may want to work with a long-term care planning attorney to ensure you have considered all of the options.

Call For A Consultation

To meet with the Concord long-term care planning attorney, just call us at 925-852-6014 or use the online contact form to set up your initial consultation today.