The Custody Battle of Kasey Kasem

Many of us grew up listening to radio icon Kasey Kasem.
The news is very disturbing that he is involved in a public tug of war between his children from a prior marriage and his current wife. Reportedly, Kasem's children and his current wife have been battling over care decisions, visitation, and other issues for quite some time. Kasem was reportedly removed from his nursing home by his wife and taken to an unknown location.

Kasem is now 82 and suffering from Lewey Body Disease, which has dementia like traits.  After he was removed, his daughter Kerri was appointed as his temporary Guardian. However, that power is relatively worthless if she cannot determine has exact whereabouts. Reportedly, Kasem signed a Power of Attorney in 2007 giving another of his daughters the legal responsibility to make decisions for him.

While the case of a famous radio broadcaster has generated a lot of publicity, it is important to note that these types of elder care battles play out on a DAILY basis in our court system right here in North Carolina.  In fact, in our State, proper jurisdiction over these matters is before the Clerk of Superior Court, who is the Judge of Probate. That is one reason why the Office of the Clerk of Court is a very important one.  The Clerk is a judicial position in North Carolina.

So what do you do if you suspect a loved on is exploited, neglected or abused?

State law may require that you file a report with Adult Protective Services in your county. After you make a referral to Adult Protective Services, call an attorney who is trained and experienced in STOPPING

financial exploitation or neglect of the elderly. There are a variety of approaches to STOPPING exploitation, and one size does not fit all. However, many times, a guardian is necessary to protect the rights of the exploited individual. A guardian would have the statutory authority, for instance, of revoking the power of attorney that is not being used in the elderly person’s best interests. A guardian would also have the power to get an abused or neglected individual out of their unhealthy environment. A guardian has a lot of power and authority to take steps to PROTECT the elderly adult entrusted to his care. In that way, guardianship is about protecting and preserving the dignity and civil rights of the elderly adult who cannot take steps to protect herself. 

What should you do to avoid being in a tug of war like Kasey Kasem?

Hardly anyone wants to end up in this kind of battle during their golden years. So what should you do to avoid this situation? 

First, careful planning is essential. Make sure you appoint someone that you trust implicitly as your Power of Attorney and Health Care Power of Attorney. Make sure you go to an experienced lawyer to have a will drafted that sets out your final wishes.  

Second, communication is crucial.  Make sure you communicate your wishes to ALL concerned family members. Have a family meeting.  Most of the issues I have seen in my law practice could have been avoided by careful planning and communication.  

If you have any questions about protecting the elderly through careful planning and communication, please contact me at my law office.  For additional resources please visit my web site: www.ncelderlawhelp.com.