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KiplingerSep 15, 2020
When Elder Care Requires Legal Advice
Laura French, an elder care attorney in Georgia, sees it all the time. A family is in denial about a parent or another older relative's deteriorating physical or mental health until there's a crisis, and "all of a sudden everyone realizes ‘we can't do this alone.'"

SEE MORE Sandwich Generation Faces Caregiving Challenges That's often when the panicked call to an elder law attorney is made. Although these attorneys specialize in planning for the thorny legal complications that can arise in old age, few people think to consult one preemptively to avoid making that panicked phone call in the first place. To understand what these lawyers do and why you might need one, we sought answers to these four questions.

Whose Interests Does An Elder Care Lawyer Represent? In all cases, elder care lawyers say, they are working in the best interest of the older person, though how that is accomplished may differ.

If the older person is competent and calls the lawyer, then there's no issue. But if an adult child or other family member or friend is an agent—that is, has power of attorney for an elderly person—and asks for help, the lawyer is representing the agent. Nonetheless, anyone who has power of attorney has a fiduciary responsibility to do what is best for the person he or she is responsible for, says French, who founded the French Law Group in Watkinsville, Ga., and is an adjunct professor of law at the University of Georgia. The lawyer also would verify that the elderly person is incapable of decision-making through a doctor's certification or perhaps by directly meeting with the person.

On the flip side, sometimes children come in with a parent they believe is competent but that French discovers is not. Then she will ask the children to follow up

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