Thursday, January 27, 2011 by Erin C. Vogt
A frequent challenge is how to help older family members with
their finances without taking away their autonomy or getting into a
tug-of-war over the issue. Concerns often arise when visiting loved
ones and finding that bills have not been paid, papers are in
disorder, or even that utilities have been cut off. It's not
unusual to find family members defrauded by predators or going on a
shopping spree on the Home Shopping Network.
All relationships are different. Some older adults freely share
financial information with their loved ones and readily let them
participate in bill paying and investment decisions. Others hold
onto control as if their lives depended upon it -- and well it
might, to the extent that they would lose their identity along with
their checkbook. They may even suspect their loved ones of wanting
to take their money.
There's no single answer for every situation. The following,
however, are approaches that have worked for our clients in the
past:
- Offer to help with bill paying. Permit the older adult to
continue to control the checkbook, but schedule a monthly sit-down
to go through all of the bills that have accumulated. The family
member writes out the checks and the older person signs them.
- Use the Internet. With on-line access to accounts, you can
monitor them. If unusual payments or transfers occur, actions can
be taken, rather than waiting to review monthly statements.
- Segregate accounts. Leave the older adult in charge of the
family checking account, but take control of investment accounts.
This will leave only smaller amounts at risk, rather than the
person's entire estate.
- Make sure the older adult does estate planning while competent.
Through properly-executed durable powers of attorney and revocable
living trusts, loved ones can step in when needed.
- "Play" on family responsibility. While it is contrary to the
traditional "parent-child relationships" for the child to handle
the parent's finances, it is consistent for the parent to take care
of their child, no matter what their age. Explain the need to help
with finances as a way to put the adult child's mind at ease,
rather than as a response to the parent's increasing need for
assistance. Stress that this is something the parent can do for the
child, rather than the other way around.
- If all else fails, it may be necessary for the family member to
seek court appointment as guardian or conservator over the older
person's finances. While this gives the guardian complete control,
it removes the older person's right to make any financial or legal
decisions. This can be very difficult emotionally and financially
because it involves legal costs, periodic reporting to the court
and, in some instances, the necessity of seeking court approval for
expenditures or estate and long-term care planning steps that could
be carried out freely under a durable power of attorney or
revocable living trust.
Just as there is no single answer for every family situation, it
may be necessary to try various interventions to determine which
one(s) works best. And, if needed, we, at Dutton & Casey, are
here to assist you and will be honored to do so.
Erin C. Vogt, LCSW, ACSW, CCM
Social Worker / Care Advocate
Dutton & Casey, P.C.
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For more information and additional resources for older adults
and their loved ones, please visit the website of elder law firm
Dutton & Casey, P.C. at www.duttonelderlaw.com.
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programs/services/resources that can be valuable tools for older
adults, people who have a disability, and the people who care about
them, including family members and professionals.
The views and opinions expressed in these blogs do not necessarily
represent those of CMSS or its affiliates