More and more people are including their wishes for who they would like to care for them, and how they would like to be cared for, in the event they become physically and mentally incapacitated as a part of their estate plan. While many readers in Miami may view this as an unnecessary step because they are leaving their care in the hands of a family member, there are some cases in which that person’s ability to adequately take care of them could come into question.
After being denied access to their father for several months, two of popular radio personality, Casey Kasem’s adult children reportedly filed a petition for emergency conservatorship of their father. According to reports, the two women were concerned that their father’s wife and caregiver, their step-mother, is isolating their father. They believe the isolation could have a detrimental effect on Kasem’s condition. He is reportedly suffering from Parkinson’s disease.
Kasem’s daughters purportedly contacted social welfare and law enforcement officials and expressed their concerns that their father was being mistreated. An investigation into their claims, however, did not show any evidence of abuse. Based on the findings, the judge ruled that there is no need to appoint an emergency conservator. At a follow up hearing that has been scheduled in the matter, the judge will reportedly review the findings of an independent physician regarding Kasem’s medical history and condition in order to help determine whether or not he was mentally competent when he signed over his power of attorney to his wife in 2011.
If you are concerned that an incapacitated family member is being mistreated, it may be of benefit to consult with an attorney to discuss filing for conservatorship. A lawyer can explain your options and offer advice based on your situation.
Source: New York Daily News, “Judge orders review of Casey Kasem’s prognosis by independent doctor”, Nancy Dillon, Oct. 16, 2013
