Durable Power of Attorney Documents: Why Are They Important

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.

This is the question that we get regularly in our law firm and before having our Life Care Planning program and Client Care Advocate, Meg Motter, a licensed clinical social worker on board, my answer was always that it is not something that you can plan for. I believed it to be a decision that was out of your hands. As I have embraced the Life Care Planning model of assisting clients and their families, Ive come to realize that those answers and beliefs were probably incorrect. Im learning through watching Megs work unfold that much can be done well in advance of crisis times to proactively plan for aging in place and avoid entering a skilled nursing facility for long-term care.Now, my answer would be to at least attend one of our monthly Life Care Planning Workshops, take advantage of the free one-on-one Life Care Planning vision meetings with Christine Oyler, and consider retaining the law firm for Megs services to assist you and your family in developing your very own Life Care Plan. There are ways to pay for in-home care and set up other situations that would certainly provide a much better chance of staying out of the nursing facility. Working closely with your Client Care Advocate through your one-year contract with Meg to determine your goals and wishes, research and secure services to assist you in remaining in the least restrictive setting of your choosing, and put those services in place is the answer. Planning is a necessity to avoid the nursing facility and starting early ensures the greatest success. Sure, we can help in the crisis, but starting your Life Care Planning journey before the crisis hits is all the better.If youd like to learn more about Life Care Planning and meet our Client Care Advocate, Meg Motter, LCSW, CDP consider attending one of our monthly Life Care Planning Workshops. Please reach out to the office at 717-208-4546 for more information.