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(Part 1 of a 3-part series)

JACKSON – The Adult Services division of Northampton County Department of Social Services (DSS) hosted an Elder Abuse Awareness event on May 29 to share information about abuse and what people can do to recognize and avoid it in the future.

Elder abuse refers to intentional harm or neglect perpetrated against an older adult by a caretaker or another person. This abuse can be physical, verbal/emotional, sexual, or financial.

“If you leave here today with more knowledge than you came with, then our goal has been accomplished,” said Northampton DSS Director Rhonda Taylor in her opening remarks.

A number of speakers were featured at the event.

Robert Breitweiser from Legal Aid of North Carolina shared information about the differences between guardianships, power of attorney, and wills. These things are important while conducting end-of-life planning, but can also lead to elder abuse in the wrong hands.

“A guardianship is something that happens in a courtroom,” Breitweiser explained.

That is when a person is declared incapacitated by a judge, and a guardian is then appointed to take care of them. Usually, the guardian will remain in that role until the person passes away, but on some occasions, the guardianship may be only temporary or limited. A family member usually takes on the guardianship role, but other people can be appointed as well if necessary.

But Breitweiser said that power of attorney (POA), on the other hand, is an agreement that does not need to go through the court system. The person setting up a POA is not incapacitated, but instead is requesting someone to help handle their affairs.

POA can be broad or specific, such as one that deals specifically with financial decisions or healthcare decisions. Breitweiser said there’s also a “springing power of attorney” that is set up to begin once a person does reach an incapacitated stage. Sometimes a line of succession is also set up in case the person serving as power of attorney is unable or unwilling to continue.

“It’s important to have people you trust,” Breitweiser cautioned. “If the wrong person is given authority, then real abuse can take place. It’s something to be vigilant about, and the choice needs to be made carefully.”

People can draw up POA agreements using pre-made forms online, but Breitweiser urged them to look over those documents thoroughly and remove parts they don’t want to include to avoid an abuse of power. He said it’s difficult for law enforcement to pursue an abuse claim if the terms are vague or unclear in the POA document.

Legal Aid can provide help to people interested in setting up a POA agreement, and he also noted that the organization has a dedicated office in North Carolina specifically designated for helping senior citizens.

Breitweiser also briefly spoke about wills, and the importance of having your affairs laid out ahead of time. He noted that people don’t have to be rich and own a lot of assets to write up a will. Like POA and guardianships, it’s important to have someone you trust handling your estate.

The person serving as POA doesn’t automatically become the executor of an estate, he said, but they often are the same person because you want it to be someone you can rely on.

Breitweiser encouraged people to reach out to Legal Aid if they needed assistance.

Next in the series: Avoiding scams and reporting abuse.