Healthcare Directives are valuable to people in all walks of life. As you read this article, consider obtaining one for yourself.A Healthcare Directive is a tool to designate a health care agent, or someone to make health care decisions on your behalf. It goes into effect upon your inability to make or communicate health care decisions. If you fail to appoint someone to fill this role, the court will appoint a guardian, which may create a costly legal process. If you have Healthcare Directive, you are able to choose the person who will determine what treatments and health care you will receive, including end-of-life or palliative care decisions. Your health care agent makes surrogate decisions, which means that they step in your shoes and make the decisions that you would make on your own if you were able to do so.Ideally, surrogate decisions should be based on your input and the specific preferences you communicated before any loss of decision-making capacity. It should be based on a prior understanding your health care preferences and what you would want under the circumstances. Healthcare Directives are intensely personal documents. When thinking about creating your own, consider:Your values and how they may be reflected in your health care;Your priorities;What life means to you personally; andHow important quality of life is to you.Are there certain conditions that are worse than death to you? Would you undergo a risky procedure if it had a low chance of survival? What if that same procedure had a high chance of survival but would permanently lower your quality of life? How long would you like to be on life support? Its never fun to think about these things, but by selecting a health care agent and informing them of your preferences, you are preparing for the worst-case scenario and ensuring that your wishes will be followed. Clearly, the consequences of having or not having a Healthcare Directive can be huge, which is why we so strongly advocate that everyone, regardless of age or health, have one in their estate plan. Please dont leave your relatives to fumble in the dark if the unthinkable happens and you are unable to make your own health care decisions. Again, while an Healthcare Directive will be helpful to you in the future, you might have an elderly relative who is in need of one right now. So, whether you need one for yourself or for a loved one, contact us today at (385)334-4030 or send an email to info@skvlegal.com to set up your free consultation to determine your specific needs.
Today, we're discussing how to choose between appointing a guardian or conservator. When deciding what kind of protection you need in an aide, there are many things to consider, including:1. What is your personal capacity to care for yourself?2. What areas of life do you need supervision over? Healthcare? Daily maintenance? Or, do you only need help safeguarding finances?3. How extensive is your estate?4. What is the difference between a guardian and a conservator?5. What combination of conservator/guardian would you most benefit from? Guardian only? Conservator only? Or both?Differences Between Guardians and Conservators A guardian is a person (or an institution) who is given authority to act on behalf of a protected person as though they were that person. A guardian can be given a full guardianship over all aspects of your life, or authorities limited to certain areas such as health care, education, or finances. A conservator is given authority only over your finances. Like a guardian, a conservator must be appointed by a court order. However, unlike a guardian, a conservator cannot make personal decisions for you. Conservators DutiesOnce appointed, a conservator becomes the trustee of your estate, which includes income (wages, social security, annuities), real property (a house, other buildings, and land), as well as stocks, bonds, retirement funds, etc. In fact, once appointed, and unless specifically limited, a conservator has all of the authority given by law to conservators, additional authority given to trustees, and the authority of the protected person, except the power to make or change a will. This amounts to a lot of power. Thus, when acting on your behalf, a conservator must act as a prudent investor would. A conservators duties and powers include:Managing your incomeContinuing or participating in the operation of your business or enterprises Making necessary estate paymentsOrganizing and protecting your assetsAppraising and safeguarding your propertyMaking prudent investmentsPaying or contesting any claims against the estateRegularly reporting to the courtThe list above is by no means exhaustive. Because a conservator does have so much power, their authorities and responsibilities are highly regulated. An in depth conversation about these powers is outside of the scope of this blog post, but must be understood and tailored to your specific needs in order to best serve them. Deciding What Is Best For YouIf your are able to care for yourself in every area other than their finances, you might only need a conservator. If you need help in other areas of their life, you probably need a guardian. If your capacity to care for yourself is diminished and you have an extensive estate, you might need both a guardian and a conservator. We understand that deciding how to best plan for your future might seem complicated and daunting. We can help you balance the choices that you have with your needs. Contact us today. 385.334.4030email@skvlegal.com skvlegal.com/book-online
Running is very accessibleit doesn't require any special equipment or a gym membershipwhich is why so many individuals decide to do it. Running can take a toll on the body, especially when the body is not used to the training or the training intensity changes too much in a short period of time. Injuries are more likely to occur when running without the proper warm-up or attire.Listed below are some common injuries that runners may face, as well as signs and symptoms to look out for.Plantar FasciitisThe plantar fascia is a band of tissue that connects the heel bone to the base of the toes. It supports the arch at the bottom of the foot. Plantar fasciitis occurs when the fascia tissue that links the heel to the base of the toes becomes inflamed. One of the main symptoms of plantar fasciitis is pain in the heel, especially after exercise or first thing in the morning.Achilles TendonitisThe achilles tendon is the band of tissue that connects the calf muscles at the back of the leg to the heel bone. Achilles tendonitis is an overuse injury to the achilles tendon. Symptoms can include a mild to severe ache or pain in the back of the leg or above the heel. Tenderness and stiffness in the morning, which gets better with activity, can also occur.IT (Iliotibial) Band SyndromeThe IT band is a thick band of tissue (ligament) that runs on the outside of the leg; it starts at the hip and extends to the outer side of the shinbone below the knee joint. IT band syndrome occurs when the band of tissue gets swollen and irritated from rubbing against the hip or knee bone. Symptoms can include hip or knee pain, redness, and warmth around the outside of the knee. The symptoms may start after exercise, and as they worsen, you will feel pain during exercise and during rest periods.Runners KneeRunners knee is a dull and aching pain that is felt behind the knee cap, especially where it meets the femur. Symptoms of runner's knee can include swelling, popping or grinding of the knee, and pain around or behind the knee.Ankle SprainAnkle sprains are one of the most common injuries that occur at all ages and at all activity levels. Ankle sprains occur when the ankle ligaments are stretched beyond their limits and tear. Sprains can range from a tiny tear to a complete tear of the ligament. Symptoms of ankle sprains can include swelling, pain, bruising, tenderness, and instability of the ankle.FracturesFractures are breaks or cracks in a bone. There are different kinds of fractures and different severities. Symptoms of fractures can include swelling, bruising, tenderness, or deformity. Fractures can occur in most bones; the most common area for fractures to occur in runners is in the foot or ankle.If you are experiencing any of the conditions or symptoms listed above, please call our office at 239 - 325 - 4090 to schedule an appointment for evaluation.