A Will or a Trust- Which One Is Bet For You?

Seniors and Caregivers: Establish an Emergency Action PlanFor seniors and their caregivers, having a plan in place should an emergency strike can provide some peace of mind in a turbulent world. A crisis, such as illness, trauma, natural disaster, or any other unexpected adverse event, may one day require you to act quickly and decisively.Thinking and adapting can be particularly difficult when you are facing a high-stress situation. This is why disaster experts emphasize the importance of planning and practicing for various types of emergencies.For example, you might decide to run a fire drill in your own home. If your loved one lives in a residential facility, you want to ensure that the facility has suitable procedures in place. In an emergency, their staff members need to be able to provide adequate care for your loved one.If you do not have a disaster plan, its time to start creating one. If you have one, update it yearly and anytime there is a major change in your or your loved ones health care needs.Sharing Information on CaregivingHopefully, you would be able to continue to care for your loved one during and after a crisis. You should still ensure that other trusted individuals know how to care for your loved one, in case you are not with them. The more these helpers know about how to tend to your loved ones needs in emergency situations, the better.Start with writing a document to share with alternate caregivers. Involve the person who needs care as much as possible in this process. That way, you are making your loved one aware and allowing them to contribute. At the same time, it is also a great way to prompt conversations about what they might like to change in their current situation.The document should list your loved ones current needs, impairments, medications, and allergies. Describe what a typical day looks like for them, what provides comfort, and what foods they enjoy or avoid. Include crucial identifying information such as a current photo, date of birth, and Social Security number.A short biography informing providers of your loved ones interests, personality, and background can go a long way, especially if you are often their advocate or need to speak for them. Share this information with other family members, a family lawyer, their care facility, and anyone else who might help during a crisis.If you do not live with or near the person for whom you are creating the plan, think about who can help care for them until family arrives. Check which organizations or neighbors may supply necessities and check in on your loved one daily.In the Event of an EmergencyBe sure to keep any relevant medical information as well as your trusted contacts in an accessible place. Emergency responders, for example, you may look for your In Case of Emergency (ICE) contacts in your smartphone. Medical ID bracelets are essential for first responders as well.In addition, the Centers for Disease Control and Prevention (CDC) offers a Care Plan that you or your caregiver can print and fill out. In it, you can include detailed information on your medical care and emergency contacts. The CDC suggests storing the completed form in a waterproof bag with your insurance cards and photo ID.Consider creating a safety profile with Smart911 if it is available in your area. This free service will provide 911 dispatchers with details about your health needs or disability. In an emergency, this information could aid them in locating or assisting you. You can create profile for loved ones as well.Compile a disaster supplies kit; this may include your medications and any necessary medical supplies for your specific condition. Other items, like N95 masks, matches, and towels can prove useful in an emergency. Visit Ready.gov and the American Red Cross website for lists of recommended items and guides on preparedness.Planning for EvacuationThink ahead about how you would evacuate quickly and safely. Consider where you would go, how you would get there, and what you would need to bring.Does your chosen relocation site have adequate food, water, toiletries, and medication available? In times of emergency, keep in mind that you can check with the pharmacy before leaving, as many will provide early refills. Some major retailers also offer prescription delivery.Your plans should address specific seasons. For example, it may make sense to have summer plans that differ from winter ones, depending on where you live.Often, you or the senior needing care has medical needs requiring equipment, medicine, and attention. If they are not mobile, think about how you would relocate them in an emergency. Consider organizing some medical supplies in a bag or box to grab for a quick exit.Emergency relocation requires addressing the need to move all assistive medical devices and durable medical equipment. Remember batteries and chargers for all necessary devices.Try to avoid the need to evacuate quickly. A proactive early departure will help you stay calm and think more clearly. It may also help prevent potential difficulties like gas shortages and traffic jams.A Crisis Plan for Senior Citizens in a Residential FacilityYour plan for a senior living in a facility will look different than it would for one living in their home. Below are some recommendations to ensure aging loved ones in a facility will stay safe in a disaster:Review the facilitys backup generator, evacuation routes, and other basic precautions.Make sure the facility has your primary and alternative contact information.Request updates from health administration staff regarding changes in your loved ones emotional or physical state.Ask for medical records that document all care they are managing.Communicate frequently with your loved one in any way possible to ensure they are as safe as possible.Take detailed notes because it is easy to overlook or forget important details during times of high stress.Share as much information as possible with your loved one to reassure them that their health and safety are a priority.Start Small and SoonIt may feel overwhelming to consider all the steps involved in crisis planning and put it off until another day. Unfortunately, you never know when disaster might occur, so theres no time to lose.To start, jot down the most critical information and share it with your loved ones. You can always update your plan with more details later. These steps can provide organization, protection, and comfort in times of great uncertainty.This article shared by Ashley Day Special Needs & Elder Law.  Ashley Day can be contacted at 251-277-3377

Why Hire an Elder Law Attorney? Elder law attorneys specialize in estate planning, incapacity planning, and end-of-life care for seniors, helping them remain in their homes and protect against abuse. They are essential in planning for the future and addressing the needs of a vulnerable population. How Can an Elder Law Attorney Help? Long-Term Care Planning: As the number of Americans over 65 is projected to exceed 80 million by 2040, planning for long-term care is increasingly important. Elder law attorneys assist seniors in creating financial plans to cover essential needs like food, rent, and medical care. They also guide clients in applying for public benefits such as Medicaid and Medicare. Housing: Many seniors wish to age in place. Attorneys can represent clients in landlord-tenant disputes, helping them navigate issues like city ordinance violations. They also protect seniors against housing discrimination under the Fair Housing Act. Estate Planning Document Preparation: Elder law attorneys draft critical documents such as wills, health care directives, and powers of attorney, ensuring that seniors rights are protected regarding retirement benefits and medical decisions. A solid estate plan reduces family stress and potential inheritance disputes. Incapacity Planning: Attorneys can help document care wishes for seniors facing disabilities or conditions like dementia. With the rising number of Alzheimers cases, having a plan for incapacity is vital for protecting financial and physical well-being. Guardianship: In cases where an older adult cant make decisions due to conditions like dementia, attorneys assist family members in securing guardianship, which involves legal proceedings and court hearings. They can also advocate for the seniors autonomy by exploring alternatives to full guardianship. Combating Elder Abuse: Elder abuse is a significant public health issue, affecting one in six adults aged 60 and older. Elder law attorneys are well-versed in the rights of seniors and can provide legal recourse against abusers while implementing safeguards like advance directives to protect against financial exploitation. By addressing these diverse needs, elder law attorneys play a critical role in supporting the aging population and ensuring their rights and well-being are protected. Editors Note:  This article is for informational purposes only and is not intended to be legal advice.This article was submitted by Ashley Day, Esq.  Reach her at 251-277-3377.      

When I ask our younger clients if they would like to complete a Health Care Directive, they often say no, stating that they are too young to need such a thing.  My response is always, What does age have to do with end-of-life decisions?  I can think of at least fifty examples of a young person ending up in the end stage of life and a family member having to make difficult decisions on their behalf.  Please, do not get lulled into complacency by thinking that age is protection.   I was in my doctors office recently when I noticed a large collage talking about the importance of having a Living Will or Health care Directive.  It emphasized the importance of having such a document, regardless of how old you are, reinforcing to me what our office always stresses to our clients and the community.  A Health care Directive is a document in which each of us tells our loved ones how we want the end of our life to be handled.  When we are in a permanent vegetative state, a permanent state of unconsciousness, or in the end-stage of a medical condition, all with no reasonable likelihood of any significant recovery, it provides answers such as Do you or do you not want to be resuscitated, to you want tube feeding, and appoints an agent that can serve to make decisions for you once you are unable to do so yourself.   One of the quotes on the doctors display said, End-of-life decisions should not be made at the end of life. Another said, For human beings, life is meaningful because it is a story, and in stories, endings matter.  Another said, I have an Advanced Directive, not because I have a serious illness, but because I have a family. Most of us know what medical decisions we want at the end of our lives, but have we communicated that to our family and loved ones?  When we meet with clients to help them create estate planning documents, we always point out to them that they have the option in their Health Care Directive of deciding what, if any, extraordinary measures they want to be taken at the end of their lives.  Once they select those options, we then come to perhaps the most difficult question of all: Should these instructions be binding on their families and providers, or do they want their loved ones to be able to override their decisions? Many opt for binding instructions so their loved ones do not have to make any of those difficult decisions in the heat of a devastating crisis. Either way, they have expressed their desire to guide their loved ones. Age is not a factor in creating a Health Care Directive; tragedy can strike unexpectedly at any age. The expense is low, but the peace of mind comes from knowing that when our time comes, we have already made those decisions for ourselves and our loved ones.  So, start the conversation with your family. Communicate your wishes to them and urge them to communicate theirs to you. Then, go to a qualified estate attorney and put those wishes on paper so that when your time comes, all involved, including your medical providers, know how you want the end of your life to be managed.  We offer FREE Workshops each week. You can also call our office at (717) 208-2899.