Mature Resources - Elder Law

By Mo Johnson

The basic premise is that a power of attorney is a legal agreement that gives someone the right to act on your behalf in certain circumstances. Most people should have someone in their life with some amount of power of attorney privileges.

Read more: What Is A Power of Attorney?

By Gabriel Heiser

Many of my clients come in with a "durable" power of attorney, believing they are all set with it. However, after carefully reviewing it, I invariably have to recommend they need a new one. Why is that?

First of all, if the power of attorney is more than five years old, many financial institutions may simply refuse to honor it, believing that it may have been revoked.

You may not realize it, but some states even provide that any person who arbitrarily or without reasonable cause refuses to comply with the directions of the agent named in a valid power of attorney will be liable for costs, expenses and attorney's fees to appoint a conservator or go to court to enforce the power of attorney. Unfortunately, even if the law says they must follow the power of attorney, it could be a time-consuming and expensive proposition to force them to do so. A better idea is simply to sign an updated one every few years.

Read more: Your Durable Power of Attorney May Need to Be Replaced

By David L. Hirsch

One of the greatest concerns for you when you are leading an elderly lifestyle is "falling".  When a serious fall occurs, the first concern is for the injured party's care and for not complicating injuries by moving the individual before the extent of the injury is clear. Emergency medical attention is a must.

"Why the fall?"  If insignificant, determine how to avoid it reoccurring and creating a more serious problem.

If serious, "why the fall?" is critical for compensation.

A common misconception is that a premises owner is the insurer of the safety of customers. This is not the law in Florida nor has it ever been the law in most states. Owners' obligations are only to "warn" of dangers they are, or should be, aware, which may cause a shopper to fall. As they can only warn of the dangers of which they are aware, they are obligated to keep a close eye out for such conditions.

Read more: As a Senior, What You Need to Know if You Fall

By Nicholas Fagan

An advance directive is also known as a living will form, and it is a document that specifies your wishes if you become mentally incapacitated or unable to communicate those wishes to your health-care provider yourself. In a living will form you can specify whether or not you want specific treatment or life support.

Read more: Will Your Advance Directive Survive You?