Elder Law Rights Every Senior Should Know

Aging brings new challenges, but it also comes with important legal protections. Whether you’re planning for the future, caring for a loved one, or facing issues right now, knowing your rights can help you stay in control. In New Hampshire, elder law covers everything from healthcare decisions to financial protection.

Here are the key rights you should understand.

The Right to Make Healthcare Decisions

You have the legal right to make your own medical choices. That includes deciding whether to accept or refuse treatment, choosing your doctors, and outlining your wishes for long-term care.

In New Hampshire, advance directives allow you to put these decisions in writing. A durable power of attorney for healthcare lets you appoint someone you trust to act on your behalf if you become unable to speak for yourself. This avoids confusion among family members and ensures your wishes are followed.

For example, if you prefer to remain at home with supportive care instead of moving to a nursing facility, you can document that choice in advance. If you want to avoid aggressive medical interventions, you can make that clear too. Without written instructions, decisions could be left up to providers or even the courts.

Seniors also have sound rights in long-term care facilities. Federal and state laws guarantee residents must be treated with dignity and respect, free from abuse or neglect. You have the right to participate in your care plan, review your medical records, and appeal any involuntary discharge from a facility.

If you ever feel pressured into treatment or denied care, you don’t have to accept it. Legal remedies exist to challenge improper actions.

The Right to Financial Protection

Financial exploitation is a growing concern for older adults. Scams that target seniors range from fake IRS calls to online fraud, but abuse also happens closer to home, sometimes by caregivers or even family members.

New Hampshire law recognizes this risk and provides safeguards. Banks and financial institutions are required to report suspected elder financial abuse, and Adult Protective Services can intervene when exploitation is suspected.

One of the best defenses is proper estate planning. A will ensures your property passes according to your wishes instead of defaulting to intestate law. Trusts can provide additional layers of protection and avoid lengthy probate proceedings. A financial power of attorney allows you to name someone you trust to manage your finances if needed. You always retain the right to revoke or change your power of attorney if you believe the person acting on your behalf is not acting in your best interest.

Consider a scenario where an elderly homeowner gives a relative access to her bank account to help pay bills. If that relative begins withdrawing money for personal use, the law allows you to remove that authority and seek restitution. Acting early with the help of an elder law attorney can stop exploitation before it drains your savings.

Planning ahead also reduces family conflict. Clear legal documents make it harder for someone to challenge your intentions, and they ensure that your money is used for your benefit, not someone else’s gain.

The Right to Stay Independent and Safe

Independence doesn’t have to disappear with age. Seniors in New Hampshire have the right to choose where they live, whether that’s at home, in assisted living, or in another supportive setting. If someone attempts to move you against your wishes or take away your decision-making power without cause, you can challenge that action.

Guardianships are available when a person can no longer make safe decisions, but they must be justified and approved by the court. You have the right to notice, representation, and an opportunity to object.

Safety protections are just as important. State law prohibits physical, emotional, or financial abuse of older adults. Neglect—whether by a caregiver, family member, or facility—is also taken seriously. If you or someone you love experiences mistreatment, Adult Protective Services can step in quickly, and legal remedies are available to hold wrongdoers accountable.

For many seniors, simply knowing these rights exist can restore confidence. You do not have to accept unsafe conditions or controlling behavior. Whether the issue is neglect in a nursing home or financial manipulation by a caregiver, you have the law on your side.

Protect Your Future Today

Understanding your rights is the first step, but taking action is what protects your health, your money, and your independence. Whether you need to set up advance directives, update your estate plan, or respond to suspected abuse, help is available.

At Sowerby & Moustakis Law, we work with seniors and their families across New Hampshire to create practical plans and resolve problems when they arise. Don’t wait until a crisis forces decisions you don’t control. Contact us right now to schedule a consultation and take charge of your future.

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