Elder law attorneys focus on helping clients plan for long-term care. The U.S. Department of Health & Human Services estimates that an individual aged 65 and over, “has almost a 70% chance of needing some type of long-term care services and supports in their remaining years.” So, an elder law attorney usually has an abundance of clients needing services. However, is it only clients with limited or moderate means who need to plan? Should wealthy clients also have a plan in place for long-term care?

When someone is unable to care for themselves, a guardian is oftentimes appointed. This guardian is responsible for the health and well-being of the ward. But what if the guardian doesn’t act in the ward’s best interest? What if the guardian’s actions caused harm to the ward? Should the ward’s loved ones be able to file a suit for negligence against the guardian?

This issue was recently litigated in Minnesota.

Powers of attorney are powerful documents. A financial power of attorney allows another, the agent, to make financial decisions on behalf of the person creating the document, the principal. In a recent blog, the issue of whether a financial power of attorney can authorize the agent to create a trust on behalf of a principal was discussed. Another case has come out on authorization in a power of attorney, but this time it concerns a healthcare power of attorney. Specifically, the Second Appellate District in California decides whether a healthcare power of attorney that gives the agent the power to make healthcare decisions allows the agent to enter into an arbitration agreement on behalf of the principal.