Christopher B. Kroll & Associates – Elder Law Solutions

     Elder abuse affects hundreds of thousands of senior citizens annually.  Seniors can be harmed physically or emotionally by neglectful or overwhelmed caregivers or preyed upon financially by strangers, family, or friends.  As elders become more physically frail, they’re less able to stand up to bullying and or  fight back if attacked. They may not see or hear as well or think as clearly as they used to, leaving openings for unscrupulous people to take advantage of them.

     The first agency to respond to a report of elderly abuse, in most states, is Adult Protective Services (APS). Its role is to investigate abuse cases, intervene, and offer services and advice.  The power and scope of APS varies from state to state. In Michigan, you can call 1-800-996-6228 for reporting elder abuse in the home, in the community, or in nursing homes and other longterm care facilities.

     A Living Will is a declaration to physicians that you wish life-sustaining procedures to be withheld or withdrawn if you are in an incurable condition and your death is imminent or if you are in a persistent vegetative state. It is a document that outlines your wishes to your physicians and the patient advocate (agent) designated in your health care Power of Attorney. 

     A Power of Attorney for Health Care appoints an agent to make most decisions related to your health care if and when you are unable to make those decisions yourself. If you specifically grant the power, your agent can decide to withhold or withdraw non-orally ingested nutritional support and fluid maintenance, admit you to a nursing home or community-based residential facility, and make other health care decisions.

     If you have both a Living Will and a Power of Attorney for Health Care, the Power of Attorney for Health Care controls if there is any conflict between the two.

A guardian is a person appointed by a court to serve as a substitute decision maker for a person called a ward who, because of an impairment, is found by a court to be incompetent.   

The court may appoint one or more persons to meet the ward’s needs. The court may give the guardian authority to make personal decisions for the ward, including providing informed consent for health care and medication, deciding where the ward will live, and deciding who will provide social and supportive services for the ward. This type of guardian is a “guardian of the person.” The court also can give the guardian authority to manage the ward’s money and other property. This type of guardian is a “guardian of the estate”  or more commonly referred to as a conservator.

The court has broad discretion in deciding whom to appoint as guardian and/or conservator. The court makes the decision based on what it believes to be in the best interest of the proposed ward. The judge will consider the preference of the proposed ward or  adult relatives or friends of the proposed ward.  Often, an adult family member or a family friend is the best choice to be appointed as guardian and/or conservator; however, non-family members are often appointed as well.