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Elder Abuse Prevention: Protecting Against Abuse of Power

Jun 11, 2024 11:04:18 AM The MacMillan Estate Planning Team Tax Planning, Family trust, Retirement Plan, Tax Mitigation Strategies, Tax Mitigation, Wealth Protection

June 15 is Elder Abuse Awareness Day. It’s a crucial time to focus on preventing elder abuse, which unfortunately can take many forms, including physical, emotional and financial abuse – most of which is inflicted by those in positions of power. When people with legal authority take over an elderly person's affairs and misuse their power, it can have devastating effects.

However, there are several proactive steps that you can take to protect yourself and your loved ones from such abuse. Read on to learn more about these options!

Importance of a Living Will

A living will, also known as a health care directive, personal directive or advance directive, is a vital document that ensures your medical care preferences are respected if you can no longer communicate them yourself. This document provides guidance to family members and healthcare professionals, helping to prevent conflicts and confusion during stressful times. It is essential for adults of all ages to prepare these documents, as unexpected end-of-life situations can happen to anyone.

By clearly stating your medical wishes in advance, you reduce the risk of someone exploiting their position to make decisions that are not in your best interest. Contact us to ensure sure your living will is up-to-date and includes specific instructions about the types of treatment you do and do not want.

Effective Estate Planning

Estate planning is not just about what happens after you pass away; it is also about ensuring your quality of life while you are still alive. Our approach to estate planning includes creating a life plan that addresses your financial and personal well-being. This comprehensive approach involves preparing documents such as your living will, enduring power of attorney, and last will and testament.

Enduring Power of Attorney

An enduring power of attorney is a legal document that authorizes someone to manage your finances if you become incapacitated. It is crucial to choose a trustworthy person for this role and to set clear limitations on their authority to prevent financial abuse. To further mitigate the risk of financial abuse, it is important to:

  • Keep a detailed inventory of your assets
  • Specify which assets can be sold to provide funds, if necessary
  • Establish mechanisms to monitor the actions of your attorney
  • Ensure your chosen attorney is willing and able to take on this responsibility

Mitigating Risk with the Strongroom Approach

At MacMillan Estate Planning, we use The Strongroom Approach to protect your estate, similar to how historical strongrooms protected the wealth and important documents of noble families. This approach includes a comprehensive consultation process to understand your needs, followed by the creation of a personalized life and legal plan. Regular reviews ensure that your estate plan remains aligned with your wishes and adapts to any changes in your circumstances.

By taking these proactive steps, we can support you to safeguard against elder abuse and ensure that your rights and preferences are respected, even if you lose the capacity to make decisions yourself. Protecting yourself or your loved ones from abuse by those in positions of power is not just about legal documents – it's about peace of mind and ensuring a dignified and respected quality of life.


At MacMillan Estate Planning, our team of professional trust and estate practitioners, chartered accountants, financial planners, and legal professionals look forward to assisting you with the design of your estate plan and will ensure you build, protect, and enjoy your wealth. The information provided is general and may not be suited to your objectives or sufficient to ensure the protection of you and your family. You should not act on this information without providing MacMillan Estate Planning with the opportunity to ensure that it is suitable for your unique situation.


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