A Carer's Notebook

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Legal & Financial Affairs

Forward Planning

Everyone is concerned about the management of their assets and property especially if they feel that life is slipping away. Full participation may not be possible in all cases because of illness, confusion or memory loss but it is still important to involve them whenever practicable.

Make a list of all assets and liabilities.

This should include bank accounts, pass books, certificates of deposit, money market funds, stocks, bonds, precious metals, jewellery, property deeds, promissory notes, contracts, insurance policies, safety deposit boxes (including location of the key), and retirement or pension benefits. The address of any records for each asset and liability also should be included.

Other important documents, such as birth and marriage certificates, social security numbers, divorce decrees and property settlements, income tax returns, death certificate of spouse (if any), and wills (including the attorney's name and executor) or trust agreements, should be listed and the locations noted.

If able, the person concerned should make this list. If unable, a family member, attorney, banker, accountant or certified financial planner can help compile the inventory which should be copied and kept in a safe, obvious place, possibly with a relative or friend.

It is important that this list is kept up to date.

Making a Will and Financial Affairs

The objective of financial and estate planning is to arrange the orderly distribution of the estate upon death. So it is vitally important for people to have a will made including all the above inventory and stating how distribution is to be done after death.

If a person does not have a will, an attorney should be consulted immediately. Proper planning is essential and powers of attorney or trust agreements should be executed while a person is still competent. Otherwise, transfer of responsibility for management of the person's financial affairs to someone else must be completed through a court action, and costs spent in clearing up Probate problems come directly out of the person's assets, ravaging whatever estate is left after death.

Remember, as carers concerned about the financial affairs of a care receiver, you should never get directly involved without legal authority. Acting without clear legal authority, even with the best intentions, can cause serious problems.

Power of Attorney

The legal mechanisms available for surrogate decision making vary from country to country but are usually known as power of attorney. Check with a local solicitor on the best way to set this up effectively.

Power of Attorney is a written legal document giving someone other than the Principal the authority to handle the Principal's financial decisions. It must be signed by the Principal while the Principal is still legally competent. Instructions made by the Principal about the management of assets can be specified. This power to manage assets can be transferred immediately or can be delayed until such time when it is determined that the Principal has become mentally incapacitated. Financial decisions made by an individual given power of attorney by the Principal are binding on the Principal and his or her successors, so carer and care receiver are urged to seek the advice of an attorney.

Durable Power of Attorney for Health Care (sometimes known as "Living Wills")
This is a written document which must be signed by the Principal while he/she still has the legal capacity to make decisions. This gives someone other than the Principal authority to make medical treatment and health care decisions on behalf of the Principal for up to the maximum of seven years after the document is signed. It allows one to specify ahead of time how he/she wishes these decisions to be made. Wishes regarding extraordinary supportive care, including breathing machines and tube feeding, can be addressed in the Durable Power of Attorney. All adults should have a Durable Power of Attorney for Health Care.

Choosing an Attorney or Solicitor

It is important to select an attorney who is expert in the areas needed (estate planning, will drafting, probate or conservatorship). Ask friends or other professionals for recommendations, or contact a Lawyer Referral Service, Bar Association, or Citizens Legal Services. Before agreeing upon a particular person, ask if he/she has previously done what you require.

LIABILITY OF CARE GIVING

Anyone who accepts the responsibilities of a carer must also understand that there are a number of legal duties or liabilities that come with it. Many countries have passed elderly abuse laws. Carers are bound by these laws in two ways:
1. not to abuse the elder person (physically, mentally or monetarily) and
2. to report any incidents of abuse or suspected abuse to the authorities.

As a carer, you must provide a clean and safe environment, nutritious meals, clean bedding, and clothes. At the same time, if you are in charge of the elderly person's finances, you must use that money properly, purchasing necessary services for the benefit of the person to whom care is given. Failure to provide care, failure to get care, and failure to purchase care are all forms of abuse or neglect.

In addition, carers may not physically, sexually or psychologically abuse the person receiving the care. Yelling, screaming, withholding affection, etc., are as much an abuse of the person as is striking the person with the hand or with objects. Therefore, if you are contemplating becoming, or are now a carer, you must be ready to accept the physical, psychological and legal duties to provide the necessary care.

If you are reaching a point where you are no longer able, physically or emotionally, to provide the proper care, we urge you to consider the alternatives to personal care giving and to seek help with this decision from a counsellor or one of the resources below.

When is it Time to Stop Care giving?

As stated repeatedly above care giving is a very stressful situation. Stress either causes or exacerbates some 70 to 90 percent of all medical complaints, including tension and migraine headaches, high blood pressure, asthma, nervous stomach, bowel problems, and chronic lower back pains. There is research evidence indicating stress plays a role in a person's susceptibility to heart disease, stroke, and cancer.

Stress has also been implicated in psychological disorders such as anxiety reactions, depressions and phobias, as well as poor work performance, drug and alcohol abuse, insomnia, and unexplained violence. If you are experiencing any of the above, it is extremely important that you learn and use various techniques for stress reduction, contact a professional or come to the conclusion, both for your own well being and that of your care receiver that It is time to stop caregiving.

Burnout signs include:

- constant snapping even over little things,
- being constantly irritated,
- seldom laughing anymore,
- feeling constantly tired or pressured,
- losing sleep, failing to fall asleep for hours, sleeping restlessly all night long,
- yelling or screaming, having crying fits, or frequent rages,
- withholding affection, feelings of goodwill from the care recipient,
- withholding food, baths, dressing changes, etc.,
- constantly lay blame for your being in this situation,
- refusing to go out anymore, even for a walk because you're needed,
- refusing to spend on needed items because death is coming soon and it is wasted money,

The remedy for carer burnout is very simple - get help and go away for a break or try stress management, respite help or make a complete change.

No one can remain a full time carer forever - the job is much too strenuous and stressful. When you reach the limit STOP! Investigate alternatives, get help from qualified professionals, and admit that you are doing the right thing in the present circumstances.

Last updated 25-02-2013