The Legal Side of Aging and Dementia: Advance Planning Tools, Commitment Proceedings, Guardianships & 托管- 2013年3月

By 凯瑟琳·N. Byler.

2013年会议期间, the VA General Assembly unanimously passed a law against the financial exploitation of incapacitated persons making it a felony punishable with incarceration of between one and twenty years. This law touches on the growing concern of protecting the elderly without taking away their rights unnecessarily.

Elderly persons who once were savvy community leaders may experience effects of dementia that leave them vulnerable to financial, 精神或身体虐待. Suspicions of elder abuse, neglect 和/或 exploitation should be reported to 成人保护皇冠线上买球平台 (888-832-3858). 美国退伍军人法典第63条规定.2, these services are provided regardless of income to persons 60 years or older and incapacitated adults of any age. An investigation will be conducted to determine the need for protective services.

Advanced planning when an individual is healthy provides tools and a framework that make it easier to assist and protect as situations change. A 持久授权书, an 预先医疗指示，和 信任 are easily prepared when a person is competent. 在丧失能力的情况下, these documents are both directly and indirectly valuable in that they show the desires of the individual including whom he trusts to make decisions for him, how he feels about end-of-life issues and how he wants his finances spent during his lifetime.

Despite advanced planning, emergency situations sometimes arise. These situations generally require a call to 911. Responding police or EMT are trained in such situations and can initiate a process that may include 紧急监护 长达4小时，a 临时拘留令 最多两天，还有一个 commitment hearing for involuntary admission to a hospital or treatment facility for up to six months. This process involves medical professionals, social workers, and the courts.

In America, upon turning 18 all people are deemed competent. Individuals automatically have the right to pursue their happiness and the freedom to make all decisions regarding their lives. These rights remain until the end of life unless a court of competent jurisdiction revokes them through a determination of incapacity. This determination is not made lightly. 这个过程需要时间, requires a medical evaluation and other evidence, 并不是例行公事, 橡皮图章的事. The procedures must be followed precisely with clear and convincing evidence. Merely foolish actions or unwise handling of money does not prove incapacity.

If it becomes clear that an individual is unable to care for himself or his finances and he will not improve, it may be necessary to petition the court for appointment of a《皇冠线上买球平台》 和/或枕. A 《皇冠线上买球平台》 makes personal decisions such as healthcare and residential accommodations.  保管员处理财务. Before ruling on the petition, the court appoints a 诉讼监护人 who investigates the veracity of the request, meets with the individual who needs assistance, and makes an independent recommendation. Even after the appointment of a 《皇冠线上买球平台》 和/或 枕 there are safeguards to protect the incapacitated adult. A bond is required and a commissioner oversees actions of the 《皇冠线上买球平台》 and 枕.

Dealing with aging and dementia is never easy but advanced planning and a relationship with an attorney experienced in elder law helps.

“First we are children to our parents, 然后是父母对我们的孩子, 然后父母对我们的父母, 然后是我们的孩子.”  弥尔顿格林布拉特