Updated 10/17/08

After reading this post, click read “Never Assume Anyone Thinks Like You” for more information.

Elder law sometimes works against the interests of caregivers and patients. Laws that were designed to protect patients and the government from scam artists have become a nightmare for a number of people who only want to do what’s best for their loved ones.

Many states require that patients sign separate Powers of Attorney to designate whom they want to handle their health care and financial decisions if they become incapacitated. The laws in some states require that courts approve conservators to handle these tasks if Powers of Attorney are not available. Conservatorships in my state cost $10,000.

Elders who were born in a time when families automatically assumed care for their loved ones may not be aware of the requirements until it’s too late. Limited finances may keep caregivers from going to court, and their loved ones could suffer as a result. Caregivers should only be forced into court proceedings in cases of obvious abuse. Policy makers should also adjust income levels for free or discount legal services to reflect today’s realities.

Another policy allows officials to seize the home of a patient who has been admitted to a nursing home if the expenditures for care exceed the patient’s income. In some states, those who transfer assets to qualify for Medicaid must do so five years before nursing home admission or lose their home.

To avoid seizure of the property until after they die or move, caregivers must live with the patient and play a part in delaying his or her admission into the nursing home for at least two years. Many caregivers ruin their own health by continuing to provide care in a desperate attempt to avoid losing what has become their only home. Some have been forced into homelessness after giving up because they couldn’t handle the stress or because the patient died too soon.

Why should officials take property they can’t use when someone needs it? A former neighbor of ours in another town lost her home when she was admitted to a nursing home. The vacant structure now serves as a haven for drug addicts.

As a current or potential giver or recipient of care, these laws could affect you someday. Contact your state and national representatives to demand that health care reform address these issues, the ones I addressed in my last post, and any other concerns you may have.

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Jacqueline Laurette Jones is author of Unmasking a Diagnosis: How to get Help for a Confusing Chronic Illness Without Filing for Bankruptcy.