NCJ Number
145395
Journal
Journal of Elder Abuse and Neglect Volume: 3 Issue: 4 Dated: (1991) Pages: 5-22
Date Published
1991
Length
18 pages
Annotation
This article discusses the need for long-range planning to minimize the opportunity for abuse and neglect as people get older. The benefits and limitations of various legal documents and strategies are discussed.
Abstract
This article discusses the advantages of advance legal planning for preserving autonomy, providing protection and avoiding potential abuse as individuals become elderly. The author recommends the preparation of at least four legal documents: a living will, a durable medical power of attorney, a durable financial power of attorney, and a last will and testament. The existence of these documents makes it easier for the elderly individual to get needed medical, legal and financial services and to attain their planning goals. A discussion of the benefits and limitations of each of these documents is provided. Suggestions are also offered for avoidance of guardianship. Deficiencies in guardianship laws have been recognized recently. Alternatives that do not strip away the elderly person's rights and do not involve having them declared legally incompetent are available and should be considered. The pros and cons of each of these is discussed. The article points to social workers as the people in the best position to influence elderly client to initiate this planning process.