Talk Directly to a Care Advisor


Legal Battles that Caregivers of Seniors Should be Ready For

Caregivers for Senior CitizensThere is no stopping the clock from ticking!  All of us will eventually grow old and need extra care. When a person reaches old age, they will surely need the assistance of the younger people around them. These younger people become that person’s caregivers.

While a big part of caregiving is actually taking care of such mundane tasks as bathing and feeding, there are still other life domains where the senior might need some help. In this article, we discuss some of the possible legal battles that a caregiver might face on behalf of the person that they are in care of.  If you have a senior under your care, then you should read on.

Guardianship Proceedings

Just to be clear, not all seniors need any form of extra caregiving. Many people reach the age of 80 and higher while still active both in mind and body. But there are those who go senile or become unable to take care of themselves in many areas of life quite early. For such people, there is a need to identify a rightful guardian. It will be best if the senior chooses their guardian and puts it on paper even before they lose their mental capacities. This way, the designated guardian automatically takes over the moment the person becomes incompetent.

There is going to be a serious legal problem if the senior loses competence even before their legal guardian is formally identified. The potential caregivers, usually the children and other younger relatives, will have to present themselves to the courts and make a convincing presentation as to why they should be awarded guardianship. The process can be lengthy, but it can be made bearable with the assistance of the right legal counsel.

Elder Abuse Cases

The guardian can decide what type of care will be best for the senior that they have legal responsibility over. Many guardians choose to send the elderly to a nursing home, especially if they themselves have families to raise or demanding jobs to take care of.

The decision to get the services of a nursing home is good one. There, the senior will be under the watchful eye of able professionals who are trained specifically for the care of the elderly. However, there have been reports of some people who are physically abused in a nursing home. If this happens to the senior under your care, you need to fight for their rights and sue the culprit. The process will surely be arduous, but with the right legal assistance, you can emerge victorious in the end.

Estate Administration

If the senior has real estate under their name, these properties will legally need an administrator. Usually, the person designated as the guardian also becomes the administrator of the estate. But there are instances wherein the two roles are taken on by two different people.
The best case scenario for this is when the senior in question creates a last will and testament that clearly lays out what will happen to their estate should they lose the capacity to manage it themselves. Without a will, interested family members can just discuss amongst themselves or go to the court for a fair distribution. Especially when there is dispute, the process for this can be very lengthy and draining both financially and emotionally.


Related Articles

Can CBD Oil Help Arthritis and Inflammation?

Inflammation and arthritis are unfortunately a by-product of aging.  If you struggle...

Read Full Article

Common Causes of Neck Pain Among Senior Citizens

Upper back and neck pain are more often affected by wear and tear or damage to the...

Read Full Article

4 Tips on Heading into Retirement Debt Free

Approximately 49.8 percent of households headed by Americans 75 years and older have...

Read Full Article

Sleeping Disorder Solutions for Seniors Citizens

Sleeping Disorders do not just keep you awake when you should be sleeping, they also make...

Read Full Article

Post Bariatric Surgery Nutritional Guidelines

After bariatric surgery, it’s vital to follow proper nutritional guidelines and...

Read Full Article

Shower and Bathing Tips for Family Caregivers

If a spouse or aging parent you care for has severe mobility limitations or a chronic...

Read Full Article

Senior Citizen Moving Checklist

Whether you’re the one that will be moving as a senior, or you’ll be helping...

Read Full Article

Why Older Americans Are Turning to CBD

So how can CBD products improve your quality of life if you are an older adult? Here are...

Read Full Article

4 Camping Considerations for Senior Citizens

Camping is just one of the many activities older adults can enjoy, however some older adults...

Read Full Article

Spinal Degeneration: Causes, Symptoms, and Treatment

One-third of adults between the ages of 40 and 59 have moderate to severe degenerative disc...

Read Full Article


Sign up for our FREE monthly newsletter to receive the most up-to-date information on caring for your elderly parent or loved one

Order your printed copy of Senior Directory today!

Still enjoy flipping through the pages of a printed copy? So do we! Click on the button below to start receiving Senior Directory right at your doorstep!

Order Your Copy

I prefer the digital copy, please.

Speak to one of our advisors 1-800-955-8510