A person that has reached an advanced age will have a number of legal needs and challenges that they will have to face. This can put them at a disadvantage if they are being misled by a handful of particularly misleading elder law misconceptions.
Myth: There Are No Repercussions For Negligent Or Abusive Care Facilities
A leading concern for elderly individuals will be the quality of the care facility that they choose to use. Unfortunately, it is a reality that some of these facilities will be negligent or even abusive in their treatment of their residents. When this is the case, victims will have a number of options that they can use to pursue justice and hold the facility or its employees responsible. However, victims of this negligence and abuse will need to quickly seek professional representation. Luckily, elder law attorneys can provide victims of these incidents with invaluable advice for protecting their rights and seeking justice. This can include a range of actions from filing formal complaints with regulators to taking aggressive civil action.
Myth: A Will Is The Same As A Trust
When a person passes away, it can be extremely beneficial to have a formal plan in place for distributing their assets and settling any debts. Otherwise, the survivors can face a fairly lengthy and cumbersome legal process in order to handle these matters. While it is generally better for a person to opt for a trust, some people make the mistake of thinking that a trust will be the same thing as a will. However, these are very different, and one of the main differences will be that a trust allows you to retain active control over the assets while keeping them in a separate legal entity. Not surprisingly, the process of forming a trust or creating a will can be extremely challenging, and people should rarely attempt to do this on their own.
Myth: It Is Impossible To Create A Plan For End-Of-Life Care
In the final stages of a person's life, they may be incapacitated or otherwise unable to speak or make decisions. This can lead to sizeable stress for the survivors as they may have to make life and death decisions concerning life support. However, an end-of-life plan can help to avoid placing this stress on the survivors while ensuring that your final wishes are respected despite you being incapacitated. When creating this plan, be sure to discuss its existence and contents with your loved ones as this will help them to execute the plan if the time arrives.
For more information, contact an elder law attorney in your area.