Legal Question in Elder Law in Pennsylvania
Oldest child responsibilities?
Is there a law which automatically makes the oldest child responsible when there are more than 1 child(in this case 4)fighting for control? Mom does not want to appoint a POA and she is mentally competent but needs home health care and help with her finances.
In this case can the area agency on aging step in and assume total control?
1 Answer from Attorneys
Re: Oldest child responsibilities?
Good for you for taking the first step.
Some attorneys, including myself, actually specialize in this area which is called Elder Law. There is no law which dictates which child must take control for a parent. And unfortunately the state agency will not take control as long as the elder person is competent. Even then, do you really want a state agency caring for your mother?
You are right that she needs to take care of these matters. If she doesn't then the default is usually the worst of all the choices.
A good elder law attorney can explain the options to your mother and your family. Elder persons often need to hear the advice from a "professional." And they often just try to avoid these issues as it seems to confront the inevitable.
There are many resources on the net regarding Elder Law but they all point to getting an attorney to guide you. While many documents are available for free or low cost, as usual, you get what you pay for. There are often gaps and missteps that are made.
I'd be happy to meet to go over the options that should be examined and talk about what can be done to prepare. The problem, as you noticed, is that the children all feel there should be a different management of the elder person's care.
Contact me, or another attorney who specializes in Elder Law, to discuss this matter. I would be happy to discuss this or any other legal matter with you.
I wish you and your mother the best.
Regards,
Roger Traversa
Related Questions & Answers
-
Power of attorney My borther and I both have documents saying we have the power of... Asked 12/23/05, 10:10 am in United States Pennsylvania Elder Law
-
Caring for a Parent My mother is in a nursing home. May I charge a fee for related... Asked 11/15/05, 8:20 am in United States Pennsylvania Elder Law
-
Medicaid confusion As the former POA of a recently deceased relative, previous... Asked 11/14/05, 4:21 pm in United States Pennsylvania Elder Law
-
Transferring Home Ownership to Family Caretaker My husbands parents have been... Asked 8/30/05, 12:27 pm in United States Pennsylvania Elder Law