Home > Research Legal Advice > Elder Law > Elder law how do I prevent this from happening to me when I become elderly?
Asked about 1 year ago - Brooklyn, NY
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Mr. Gold, Mr. Caro, and Mr. Carrier are completely correct. Sometimes, however, I choose to live dangerously, and I actually opened the video, and watched all six minutes and 17 seconds of the video. To tell you the truth, it was a fascinating (and frightening) story -- in which an older couple was relegated to becoming wards of the state (of Texas) for no apparent good reason.
You ask how you can prevent this from happening to you when you become elderly. First, I guess, don't move to Texas. More seriously, however, it does not hurt to engage in some basic estate planning -- a will, a living will, a health care proxy, and, probably the biggest bang for the buck, a power of attorney to someone you trust.
I can guarantee you that that couple in Texas did not have a regular attorney with whom they consulted from time to time. If they did, the court would not have appointed an attorney for them. The fact that the court-appointed attorney only performed 10 hours of services in preparing for and conducting a court hearing is indicative of the fact that perhaps he did not devote sufficient resources to the matter or may have lacked expertise.
Understand also that the video you posted was from a news report. It was news precisely because it was an unusual occurrence.
But it does illustrate that even an articulate and reasonable person can be determined by the state to be unable to handle his or her own affairs. If that couple had a relationship with an attorney that predated the court proceeding, you can bet your bottom dollar that that attorney would have become involved. Here in New York, in a guardianship proceeding, the alleged incapacitated person is permitted to hire his or her own attorney to represent the person in the proceeding.
Good luck to you.
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