Because of gradually increasing cognitive deficits, elderly persons are more likely to need help managing financial and personal care plans. They are also more likely to be challenged legally on plans and preferences that may seem strange or bizarre to others or that conflict with the self-interest of prospective heirs or other persons.
Specifically, elderly persons are at risk for limited guardianship (con-servatorship) or guardianship (committeeship) action. Guardianship ac¬tion is designed to prove incompetence; limited guardianship action at¬tempts to show diminished functional ability in managing property and personal care decisions. The elderly are at risk for these actions be¬cause many statutes still stipulate that old age itself is acceptable grounds for instituting such a lawsuit. Physical addiction and mental illness are two other commonly used grounds.
The legal rights of elderly patients are often at risk in medical set¬tings. Physicians and other health care workers have been taught to cure and comfort, but their benevolent mission encourages paternal¬ism. They have been taught to pursue what is in the patient’s best inter¬est, which may be at odds with the course of treatment the patient would choose. Thus, the patient’s right to choose may be compromised by the physician’s benevolent commitment to provide what is seen as appropriate care.
The risk of disempqwerment is even greater in acute care settings because the effects of illness or drugs or delirium can remove patients entirely from discussions about preferred care. Therefore, physicians should discuss preferences and future options for care with patients when they are capable of formulating choices and communicating deci¬sions. The patient’s expressed preference should be noted in the medi¬cal record and recorded in an advance medical directive (see ADVANCE DIRECTIVES, below).
Physicians should be aware that elderly patients are frequently targets of unscrupulous schemes to defraud them of property or money. Many times, lawyers knowledgeable about or dedicated to the legal problems of the elderly can defeat these plots with timely, effective le¬gal intervention. Often, a health care worker is the first person to recog¬nize such a problem and should refer the patient for legal assistance. Offices that provide legal services for the elderly can be located by calling the local agency on aging. Legal services can provide immense support in defending against fraud and pursuing individual rights and benefits.

Because of gradually increasing cognitive deficits, elderly persons are more likely to need help managing financial and personal care plans. They are also more likely to be challenged legally on plans and preferences that may seem strange or bizarre to others or that conflict with the self-interest of prospective heirs or other persons.
Specifically, elderly persons are at risk for limited guardianship (con-servatorship) or guardianship (committeeship) action. Guardianship action is designed to prove incompetence; limited guardianship action attempts to show diminished functional ability in managing property and personal care decisions. The elderly are at risk for these actions because many statutes still stipulate that old age itself is acceptable grounds for instituting such a lawsuit. Physical addiction and mental illness are two other commonly used grounds.
The legal rights of elderly patients are often at risk in medical settings. Physicians and other health care workers have been taught to cure and comfort, but their benevolent mission encourages paternalism. They have been taught to pursue what is in the patient’s best interest, which may be at odds with the course of treatment the patient would choose. Thus, the patient’s right to choose may be compromised by the physician’s benevolent commitment to provide what is seen as appropriate care.
The risk of disempqwerment is even greater in acute care settings because the effects of illness or drugs or delirium can remove patients entirely from discussions about preferred care. Therefore, physicians should discuss preferences and future options for care with patients when they are capable of formulating choices and communicating decisions. The patient’s expressed preference should be noted in the medical record and recorded in an advance medical directive (see ADVANCE DIRECTIVES, below).
Physicians should be aware that elderly patients are frequently targets of unscrupulous schemes to defraud them of property or money. Many times, lawyers knowledgeable about or dedicated to the legal problems of the elderly can defeat these plots with timely, effective legal intervention. Often, a health care worker is the first person to recognize such a problem and should refer the patient for legal assistance. Offices that provide legal services for the elderly can be located by calling the local agency on aging. Legal services can provide immense support in defending against fraud and pursuing individual rights and benefits.