Do You Know How To Avoid Elder Abuse? Speak To An Elder Law Litigation Attorney

Oct 4 08:33 2012 Kerry Peck Print This Article

Elder law was established to ensure protection from abuse of finances, will and estate planning, and health care. Elder abuse can, in some cases, be avoided by consulting with a litigation attorney before a loved one requires advocacy for their health care and finances.

Little is more heartbreaking than watching a loved one of advanced age struggle with poor health,Guest Posting deteriorating mental capacity, and loss of quality of life. Unfortunately there are people who prey on the vulnerable for their own gain; those who take advantage of, intentionally harm or neglect the aged are guilty of elder abuse. This type of abuse can occur anytime anyone interacts with an elderly person; often family members are the perpetrators, but those in positions of authority also have the power to harm a vulnerable older person -- a financial advisor, a health care practitioner, or staff at an elderly care facility. In the case that your loved one has been the victim of elder abuse, you may wish to pursue legal action. Litigation attorneys are trained to advocate on behalf of your parent, relative, or loved one, ensuring their rights are not violated further, and financial compensation is made when appropriate

Elder Law Protects Your Loved One From Financial Abuse

Perhaps the most common type of elder abuse is in the area of finance. Family members may see an opportunity to benefit from handling financial affairs as power of attorney; skimming funds or paying oneself a "wage" for handling finances is unethical, just as coercing a loved one to leave you money in their will against their wishes is also. If you suspect that there is wrongdoing with respect to any aspect of an elderly person's finances, a litigation lawyer can help. A solution may be as simple as contacting the public guardian or trustee office on the person's behalf so an audit can be done. In serious cases of financial wrongdoing, litigation attorneys can file an emergency power of attorney to replace the abuser; they can also begin litigation proceedings to advocate on the elderly person's behalf, and bring the perpetrator to court to defend his or her actions.

A Litigation Attorney Can Assist With Disputes Over Health Care

In some cases, the elderly have designated oversight of their health care to an advocate, but their advocate does not act in their best interest; they may decide on care that is inexpensive or inadequate (in order to increase their inheritance, for example). At other times, the health care provider is abusive verbally, physically, or by neglect. Medical malpractice of an elderly patient is another instance in which the expertise of a litigation attorney would be required.

While it may not always be possible to protect an elderly person from abuse or neglect, it is within your power to be informed about what to do when health care has been compromised. A litigation attorney can advocate for temporary guardianship should abuse be evident, and can also take steps to begin a legal process to remove the rights of an abusive advocate, and when appropriate, sue for compensation.

Speak With A Litigation Attorney Before Abuse Can Take Place

Attorneys with expertise in elder law may be able to help you and your family before your parent or loved one is vulnerable to abuse. Often a litigation attorney will be available to help with will and estate planning, which will ensure the person's wishes are protected (and minimize the risk of coercion from less than ethical influencers with regard to wills and estates). Consulting with an elder care lawyer about end-of-life issues, long term medical needs, as well as general estate planning and administration will ensure everything is in order before your loved one is ill or deemed incompetent to make decisions -- and is prone to falling prey to abusers.

Elder law was established to protect the elderly and their families from wrongdoing with respect to healthcare, finances, and wills and estates. Consult with an attorney who specializes in elder law and be informed and prepared in advance of illness and the death of your loved one. Developing a relationship with an attorney you can trust before you ever need to take legal action will ensure that you and your elderly loved one feel safe and protected, and hopefully, never have to go to court to defend your loved one's rights.

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Kerry Peck
Kerry Peck

If you are concerned about your elderly loved one's finances or health care, Peck Bloom can help. Their Chicago litigation attorneys have years of experience with elder law in Chicago. To learn more about how a litigation attorney in Chicago from Peck Bloom can protect your loved ones, visit their website today.

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