Advance Directives: New Year, New Chance to Plan

If youve been injured in a car accident, you may try to handle the insurance claim yourself. This makes perfect sense if your injuries are not severe or your medical treatment is minimal. However, what often happens is that the adjuster will ask you to sign a medical release, handing over your medical records to the insurance company. Is this a smart idea? When considering whether to send a medical release to an insurance adjuster following a car accident, there are several key factors to consider. This decision can significantly impact your insurance claim and potential settlement. Heres a breakdown of the considerations:Understanding Medical Release FormsYour medical information is protected by a federal privacy law called HIPAA. The Health Insurance Portability and Accountability Act was signed in 1996 and prevents people or agencies from accessing your personal medical information without your permission. The permission slip for medical records is called a release or sometimes just referred to as the HIPAA Authorization. When you sign one of these, you are stating (1) Who can request medical information; (2) What information they can request; and (3) When the permission expires.In a car accident setting, insurance adjusters need your medical information to evaluate your claim. The medical records and bills are how you prove what your injuries were and how severe your injuries were. The adjuster cannot make a settlement offer without the medical records and bills in the file. However, there are limitations that should be put in place to ensure the adjuster doesnt access more than they are entitled to. If you dont want to provide a medical release, you can request your records and bills yourself and send them to the adjuster. This is preferred in order to maintain privacy.Pros of Providing a Medical ReleaseIt can speed up the claim process, as the adjuster gets direct access to necessary medical information. Tracking down your own medical records takes time. Odds are you have already spent a good amount of time going to medical appointments, getting your car fixed, and sitting on hold with the insurance. Spending even more time calling doctors for records can cause you more stress and drag out your claim. If your treatment was simple or you dont have significant health issues outside of your injuries, signing the release might make more sense.Cons of Providing a Medical ReleaseThe biggest downside of signing a release is the loss of privacy. If you dont read them carefully, these forms can sometimes give insurers access to your entire medical history, not just records related to the accident. The adjuster is only entitled to information related to your injuries not your entire history. Often the adjusters will send blank forms for you to sign, which allows them to fill in the blanks for any provider they choose. If you do sign a release, make sure it is very specific set out the particular provider, date range, and expiration date.Theres a risk that the insurance company may use your past medical history to argue that your current injuries are not related to the accident. If you have medical history that might open yourself up to this kind of response from an adjuster, its best to talk with a lawyer about how to handle your claim.Important ConsiderationsBefore signing any release, its advisable to consult with a personal injury attorney. Attorneys have experience in the many excuses insurance adjusters make. We know what kinds of questions to ask and how to anticipate possible problems down the road. Unless your treatment is very simple, talk with an attorney before signing anything from the insurance company.You can provide a release that is limited in scope, focusing only on records related to the accident. This is all the adjuster is entitled to. If they try to convince you otherwise, you should involve an attorney. Theres a good chance the insurance company is trying to take advantage of you if this happens. Know that you are not obligated to immediately provide a release; you can take time to understand its implications. You have 3 years to settle your claim or file a lawsuit. Its ok to take some time to carefully read the documents or talk with an attorney.The Role of Insurance AdjustersRemember, insurance adjusters work for the insurance company and their primary aim is to minimize the companys payout. They can and will use everything they can against you. Thats where a personal injury attorney can help you have someone on your side who understands how the insurance game is played.Alternatives to Full ReleaseInstead of a full release, you might consider providing specific documents that are relevant to the accident. Or you can request the records and bills from the doctor yourself. Since theyre your medical records, you are entitled to them. No doctor or hospital can say that you cant have your medical records.If your case involves psychological injuries and you treated with a therapist, a summary or letter from your doctor regarding the accident-related injuries can be a compromise. You are not legally obligated to provide complete mental health records in order to pursue a claim for psychological injuries.ConclusionDeciding whether to provide a medical release to an insurance adjuster after a car accident is a nuanced decision. Balancing the need for a prompt and fair settlement with the protection of your privacy and rights is key. Always consider consulting with a legal professional to guide you through this process and help you make the best decision for your situation. If you have been injured in a car accident and need help, consultations are free. Call us at 720-500-2076 any time. 

Protecting Your Loved Ones Independence and Well-Being at HomeHelping a family member remain independent and living at home is a labor of love, but at times it can be overwhelming. There is so much to consider beyond just their overall health and well-being. Depending on the situation, a loved one may need immediate or future help coordinating medical care or managing finances. Having the proper Power of Attorney credentials established can help caregivers navigate the complexities of the system and avoid costly or time-consuming pitfalls during their loved ones aging journey.Here is a basic overview of two of the most common Power of Attorney documents:Financial Power of Attorney (Durable)With a Financial Power of Attorney (POA), a person known as the principal appoints an agent to carry out financial and other activities, as instructed by the principal. Often the person designated is a family member but note that it may be advisable to name a primary agent and an alternate agent. Principals may choose whether the POA becomes effective immediately or only in the event of illness/disability. Ideally, the POA document should have language indicating that it is durable (remains in effect even after the person is legally incapacitated). In Pennsylvania, the Financial POA must be notarized and witnessed. The law also stipulates that a POA must exercise the powers for the benefit of the principal, keep the assets of the principal separate from their own, and exercise reasonable caution and prudence. Financial Power of Attorney ceases after the principal passes away.Medical Power of AttorneyPennsylvania recognizes two types of advanced directives for healthcare decisions: Medical Power of Attorney and Living Wills. The Medical Power of Attorney, also known as a Healthcare POA or healthcare proxy, is broader in scope than a Living Will in that it empowers the caregiver to make all medical decisions if their loved one is unconscious, incapacitated, or mentally incompetent. The appointed person will be able to access medical records, speak to healthcare professionals, and make healthcare judgments and medical decisions based on their loved ones treatment (or non-treatment) preferences. A Medical POA is a crucial component of advance care planning, allowing your loved one to ensure that their healthcare preferences are honored. The document must have two witnesses and be notarized.Information and downloadable Power of Attorney pdf documents are available online. During the application process to Senior LIFE, a Senior LIFE outreach coordinator can also help you get started with the POA process. Contact us today.   

As the warmth of summer envelopes us and nature bursts into full bloom, we are reminded of the beauty and inevitability of change. Just as the seasons transition from the chill of spring to the heat of summer, so too does technology seem to experience constant changes. For many older adults, these changes can seem daunting. However, by embracing these shifts, much like we do with the changing seasons, we can not only adapt but also thrive in this technologically driven era. Nature offers us countless examples of rapid change. Consider the transformation of a caterpillar into a butterfly, a process that is both remarkable and essential for the butterfly's survival, the sudden bloom of flowers in spring leading to the lush greenery of summer, or the emergence of the recent cicada broods.  Did you know that once a cicada nymph emerges from the ground it begins to molt within 15-30 minutes and within only an hour the newly emerged nymph has transformed into a fully formed adult. Talk about rapid change! These natural processes illustrate that change, while sometimes challenging, sudden, and rapid, is necessary for growth and adaptation. In much the same way, technology undergoes constant evolution and rapid change, presenting new opportunities and challenges for users of all ages. From the introduction of personal computers to the widespread adoption of smartphones and tablets, the digital landscape has transformed dramatically and rapidly in a relatively short period. The world of technology is truly evolving at an unprecedented pace. While these advancements may initially appear overwhelming, they also offer tremendous potential for learning, growth, and connection. According to a report by the Pew Research Center, the percentage of adults aged 65 and older who own a smartphone has increased from 18% in 2013 to 61% in 2021. This statistic highlights a significant shift in the adoption of new technologies among older generations. Yet, for many, the rapid pace of technological advancement can feel overwhelming. Despite the initial discomfort, there are numerous benefits to embracing these changes. For instance, smartphones and tablets offer a plethora of applications designed to simplify daily tasks, enhance communication with loved ones, and provide access to a wealth of information and entertainment. Learning to use these devices can significantly improve ones quality of life, offering greater independence and connectivity. The key to adapting to technological changes is to start small and build a foundational knowledge. Just as you wouldnt attempt to run a marathon without first learning to walk, its important to take incremental steps when familiarizing yourself with new technology. Begin with the Basics: One of the first steps in adapting to technological change is recognizing the value of building a foundation of knowledge. Much like the roots of a tree provide stability and nourishment, a basic understanding of technology can serve as a solid footing for further learning and exploration. Start with the fundamentals, such as familiarizing yourself with your existing devices and their functions. Learn how to turn them on and off, charge them and navigate their home screens. Learn how to navigate the internet, send emails, and use basic applications. As you become more comfortable, you can gradually expand your skills and explore new possibilities. Seek Out Resources: Many local libraries and community centers offer classes specifically designed to teach older adults how to use technology. Additionally, there are numerous online tutorials and user-friendly guides available as well as local companies that specialize in supporting older adults with their use of technology. Much like natures adaptive strategies, embracing a positive mindset towards technological change is crucial. Accept that learning something new takes time and patience. Celebrate small victories along the way, and dont be afraid to ask for help. According to a study published in the Journal of Medical Internet Research, older adults who received support and training were more likely to adopt and continue using new technologies. The benefits of embracing technology are manifold. Telemedicine, for example, has revolutionized healthcare, making it easier for older adults to consult with doctors from the comfort of their homes. According to the American Telemedicine Association, telehealth visits increased by 154% during the first quarter of 2020 compared to the same period in 2019, largely driven by the COVID-19 pandemic. This shift not only reduces the need for travel but also provides timely medical advice and monitoring. Similarly, smart home devices can enhance safety and convenience. Voice-activated assistants like Amazons Alexa or Google Home can set reminders for medications, control home lighting, and even call for help in emergencies. Learning to use these devices can greatly enhance ones sense of security and independence. Despite the clear advantages, there is still a significant digital divide among older adults. The same Pew Research Center report indicates that 34% of adults aged 65 and older do not use the internet. Bridging this gap is essential for ensuring that all seniors can benefit from technological advancements. Community initiatives play a vital role in this endeavor. Programs that offer free or subsidized devices, coupled with training and support, can make a significant difference. Additionally, family members can help by encouraging and assisting their older relatives in learning and using new technologies. Just as we prepare for and adapt to the changing seasons, we must also embrace the rapid changes in technology. By starting small, maintaining a positive mindset, and seeking out resources and support, older adults can build a solid foundation upon which to thrive in this digital age. Nature teaches us that change is not only inevitable but also essential for growth. Similarly, by embracing technological change, we open ourselves up to a world of possibilities that can enhance our lives in meaningful ways. As the days grow longer and summer unfolds its warmth and vibrancy, let us welcome the changing tides of technology with the same spirit of adaptation and renewal. The possibilities are endless, and the adventure awaits!