In This Episode:
Dr. K talks with elder law and estate planning attorney, Mark Gilfix, JD, about common legal issues that come up when helping aging parents. He is a partner at Gilfix & La Poll Associates, a Bay Area law firm that helped pioneer elder law. They discuss:
- What is elder law and how it differs from estate planning and trust law
- Why a durable power of attorney (DPOA) is a vital elder law planning tool
- How DPOAs come into play if there are memory issues or other capacity concerns
- The role of attorneys in checking capacity when their clients complete legal documents
- What happens if you contact an older parent’s attorney with concerns about memory or capacity
- The risks of undue influence, financial exploitation, and family members having an agenda
- What people can do if they are concerned about the validity of an older person’s legal transaction
- Options when a potentially impaired older parent refuses to release DPOA documents to family
- Why it’s best for families to communicate early and often
- How elder law attorneys can help with long-term care planning
- Tips on starting planning conversations with your family
