Common Elder Law Issues: When Are Litigation Attorneys Needed?

When you have elderly loved ones, you want to protect them, their assets and their rights now and in the future. Unfortunately, as people grow older, problems often arise over who will care for them when they can't care for themselves, how their assets should be handled, and a multitude of other thorny subjects linked to their increasing age. If you don't keep the lines of communication open and work with your parents, you could end up having to consult litigation attorneys when a family disagreement regarding your parents' estate, personal care or medical wishes aren't being respected by others in your family. The most common reasons families end up needing to work with an elder law specialist who is also an experienced litigator are outlined here.

Abuse And Neglect Elder Law

One of the most devastating discoveries you can make regarding your elderly parents is abuse or neglect at the hands of caregivers or family. Any time you believe that someone you love has been neglected or abused, you should meet with elder law specialists to file the appropriate paperwork for an immediate, temporary guardianship so that you can remove the person from the abusive situation. From there, litigation attorneys can advise you on how to proceed; they may suggest filing a suit against the abusers. At the very least, they can put you in contact with the appropriate agencies where you can file a complaint.

Financial Abuse: Handling It Through Litigation Attorneys

There is a variety of elder law that addresses the mishandling of funds or estates. Sadly, some people have themselves appointed guardians of elderly relatives just so they can pillage savings accounts and sell off properties for their own benefit rather protecting their wards' interest. If your parents' bills aren't being paid properly or money is disappearing from their accounts, litigation lawyers can put them on notice that you intend to have the situation evaluated. You may also want elder law attorneys to file an emergency power of attorney so that you can make sure the bills are paid and your parents aren't destitute. If a guardian is ignoring their wishes or rights, you may also need lawyers to file documents with the court indicating that you want to take over their guardianship. Litigation attorneys who practice elder law will be able to make a convincing case on your and your parents' behalf.

Contesting Or Defending A Will

If your parents have recently passed away, did they leave behind a valid will? In many cases, even a signed, recorded will can be contested by disgruntled, would-be heirs or anyone who feels they should have received something from the estate. Hopefully, your parents met with estate planning attorneys before they died and had an ironclad document prepared. If they tried to write a will themselves, there may be loopholes and ambiguities that could encourage disagreements. Whether you think a will wasn't prepared properly or you're defending the will filed with the courts, litigation attorneys can guide you through the complexities of applicable elder law.