Follow Andrew Linkedin Twitter Facebook
Email Andrew Email
Legal Issues
Apr 28, 2017

Pre-Plan To Avoid Family Squabbles

Sponsored Content provided by Andrew Olsen - Elder Law Attorney, CSH Law

Elder law attorneys often meet with family members who are seemingly at odds over the long-term care plans for their elderly loved ones.
 
Often, one family member will be appointed as a health care agent, and the health care agent will decide to admit a parent to a nursing facility.  In many circumstances, other family members will object to the health care agent’s decision. 
Pre-planning for a loved one’s long-term care will help avoid these unfortunate family dynamics.  A recent New Jersey case demonstrates the importance of planning ahead for a parent’s long-term care before an emergency strikes.
 
In the March 14 opinion of R.G. v. R.G., a New Jersey appeals court considered whether one adult’s conduct towards his adult brother amounted to domestic violence under state statutes.  One brother, R.G., was a primary caregiver for his parents and was appointed as their agent under powers of attorney.  R.G.’s mother became ill, and R.G. sought to place his mother in a nursing home despite his brother’s objections. 
 
R.G.’s brother sent a barrage of threatening texts and emails to R.G., and eventually the two brothers engaged in a physical altercation.  R.G. obtained a restraining order against his brother.  The brother appealed the restraining order and claimed R.G. did not meet the statutory definition of a victim of domestic abuse.  The New Jersey appeals court agreed with the brother, ruling that the brother did not commit domestic violence against R.G.
 
Unfortunately, the New Jersey brothers spent a lot of unnecessary time and money that did not further their mother’s care.  This New Jersey case serves as a reminder that similar family squabbles can be avoided. 
 
Elder law attorneys encourage clients to sit down with their loved ones, explore options for long-term care together, and express their desires for care to their loved ones. These wishes sometimes can be stated in a health care power of attorney and by crafting a personalized plan for long-term care. 
 
When armed with a loved one’s plan for long-term care, family disputes can be avoided and, best of all, a loved one's’ wishes can be executed.

Andrew Olsen is an attorney in the CSH Law Elder Law Practice Group in Wilmington, NC, where he practices in the areas of elder law, estate planning probate, guardianship, alternative dispute resolution, estate and trust litigation, special needs planning and veteran’s benefits. To contact Olsen, call (910) 777-5733 or email him at [email protected].
 

Ico insights

INSIGHTS

SPONSORS' CONTENT
Alexandra

Holidays And Homework

Alexandra Lysik - Cavik Insurance
Jasonpathfinder3

Finding Happiness In Retirement

Jason Wheeler - Pathfinder Wealth Consulting
Robindavisccu1 1011944433

Is A HELOC Right For You?

Robin Davis - Corning Credit Union (CCU)

Trending News

Investors Commit $545M To Local Venture Capital Firm

Jenny Callison - Jan 22, 2020

Update: Negotiations Begin For Major Redevelopment Project

Cece Nunn - Jan 22, 2020

New Firm Aims To Grow Its Stake In Wilmington's Industrial Real Estate

Christina Haley O'Neal - Jan 23, 2020

Filmwerks Expanding In Pender, Plans More Hires This Year

Christina Haley O'Neal - Jan 21, 2020

Local Firm Acquires Real Estate School

Cece Nunn - Jan 22, 2020

In The Current Issue

A Matter Of School Days For Tourism

Although the school calendar is staying the same for now for New Hanover County schools, it’s an ongoing issue that tourism and educators gr...


Working As A Husband-and-wife Team

The Wilmington business owned by husband and wife Devin and Brooke Skipper began with Devin as the sole employee about eight years ago befor...


MADE: Driven To Expand Business

South Atlantic Services is a Wilmington-headquartered contract manufacturing and packaging company that makes automotive and industrial cool...

Book On Business

The 2019 WilmingtonBiz: Book on Business is an annual publication showcasing the Wilmington region as a center of business.

Order Your Copy Today!


Galleries

Videos

2019 Health Care Heroes
August 26, 2019 Power Breakfast: A Healthy Sale?
2019 WILMA Leadership Accelerator
2019 WilmingtonBiz Expo Keynote Lunch - CEO, nCino, Pierre Naude`