Elder Law

Elder Law is a growing area of law concerning persons 65 years or older.  Unfortunately, with the growing aging population, there has been an increase in elder abuse cases.  To help safeguard against these abuses, there have been a number of Elder Abuse statutes enacted by the legislature and additionally, much of the conservatorship process has been overhauled.

The majority of elder law issues we encounter include the following:

Powers of Attorney for Financial Purposes and Healthcare:  We help our clients establish, activate, and enforce powers of attorney and healthcare directives to assist in incapacity planning and avoid expensive and time consuming conservatorship and/or guardianship proceedings.

Conservatorships:  A conservatorship is a court supervised process in which a dependant adult is under the care of a individual.  A conservator of the person may be appointed for someone who is unable to provided properly for his or her personal needs for physical health, food, clothing, or shelter.  A Conservator of the estate may be appointed for a person who is substantially unable to manage his or her own financial resources or resist fraud or undue influence.  A conservatorship may be established for any adult meeting these requirements, whether or not they are 65 or older.

Elder Abuse Statutes:  The legislature has enacted a number of statutes, including The Elder Abuse and Dependent Adult Civil Protection Act, which provide for both criminal and civil liability for individuals committing physical or financial abuse on the elderly or dependent adult.

Fiduciary Liability:  In addition to the Elder Abuse Statutes, there are additional or alternative remedies available against individuals committing abuses in their capacities as fiduciaries, e.g., agent under power of attorney or trustee.   Like conservatorships, these matters are usually handled through a probate court proceeding such as a Petition for Removal of Trustee.

Guardianships:  Guardianships are similar to conservatorships, except that they often concern minors.  Many of the same rules apply to guardianships as they do to conservatorships.

The attorneys at DeMeo DeMeo & West handle many of the elder law issues, such as conservatorships, elder abuse cases, and cases involving breaches (or abuses) of fiduciary duties owed under a power of attorney or as trustee of a trust.  If you or a loved one are in need of a conservatorship or have experienced a form of elder abuse, you may contact us for a case evaluation.