Troy Wilson is an elder attorney in Salt Lake City. He notes cases like Buzz Aldrin's can be difficult because it can be hard to determine when someone has a deteriorating mental capacity.
"One of the challenges, when you're dealing with that, is when do you cross that line?" said Wilson. "When do you get to a point where you are no longer able to take care of your financial affairs."
In Aldrin's case, he's accusing his two children of improperly using finances, credit cards, and slander for suggesting he's suffering from dementia.
His children deny the claims in the lawsuit which was filed just weeks after they partitioned for partial guardianship of their father. Wilson notes any elderly person who doesn't feel they need it should contest it.
"If someone brings a guardianship case against you, and you think you do still have capacity, and you think it's not appropriate don't be afraid to push back," said Wilson.
In Utah, any elderly person who is being partitioned for guardianship must be supplied an attorney to make sure their rights are being protected. Wilson said he's been on both sides of these cases.
Having a plan in place of who you want to be a guardian can help, but Wilson admits it's not easy.
"It's tough, get your planning, get it in place," said Wilson. "Think carefully about who you want in place to take responsibility if you can't."
Experts suggest getting a 3rd party to take guardianship if you have multiple children, and they often disagree on a parent's care.
There are services online which can help people get the documents they need to take care of guardianship and planning. An attorney can also help someone do so through an estate plan. Wilson said people should get it done before it's needed.
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Buzz Aldrin lawsuit shows need to plan for aging parents
No, I disagree. I think the lawsuit shows ageism pure and simple. If Buzz Aldrin had filed that lawsuit at 50, there would be no question as to his competence. But, he's old and old people are expected to be out of it, even if they aren't.
ReplyDeleteToo often, experts suggest guardianship because they'll get paid out of the elder's estate if they do. Supported Decision-making would be far better. A group of trusted friends and even professionals can help without causing Buzz to lose his rights. NOBODY wants that.
ReplyDelete