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ABA Family Legal Guide

The Rights of Older Americans

A Right to Control Your Own Affairs

Ruby is diagnosed with Alzheimer's. She knows that as the disease progresses she will become unable to make decisions about her finances, living situation, and health. She consults a lawyer to find out her options.

As we grow older, all of us face the possibility that one day we may become incapacitated mentally. The time may come when we are no longer able to make our own health-care decisions, manage our own financial affairs, or act on our own behalf.

If that happens, you and your property must be protected, and people should honor your wishes wherever possible. This section addresses the critical legal issues regarding your right to control your own affairs. How and where do you want to live? What decisions can you make? What decisions should you leave to someone else? Whom do you want to make decisions for you? Several alternative methods of advance planning can ensure that people respect your wishes whenever possible. Through planning, the decisions made on your behalf can be those you would have made yourself.

Subsections

  1. Durable Power of Attorney
  2. Living Trusts
  3. Joint Ownership
  4. Representative Payees
  5. Money Management Services
  6. Guardianship
  7. Health-Care Decision-Making Issues
  8. Abuse and Exploitation
American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association
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