Adults make decisions
every day in life. You make financial choices regarding banking, paying bills and
managing assets. You decide with whom to socialize and also where to live. You
make health care decisions such as consenting to or refusing treatment, obtaining
medical records and choose a course of treatment when ill. But what happens if
you are too sick or disabled to manage these decisions? Before it is too late,
have you prepared for someone to act on your behalf in the event of a crisis or
if you are unable to manage decisions on your own? Adding a person to your bank
accounts is not the answer because, among other reasons, it is dangerous and
places your accounts at risk. Thankfully, there is a key legal tool for supported
decision making called a Durable Power of Attorney.
A Durable Power of Attorney means one person (the
“principal”) gives written legal authority to another (the “agent” or
“attorney-in-fact”) to act on behalf of the principal. “Durable” means the
agent can act when the principal loses capacity. A General Durable Power of
Attorney permits your agent to manage any part or all of your financial affairs
and property. A Health Care Durable Power of Attorney enables your agent to
make any or all health care decisions if you become incapacitated and cannot
make decisions for yourself. A Living
Will allows you to spell out your desired medical treatment regarding
life-saving procedures, artificial nutrition and artificial hydration if you
become unable to speak for yourself because you have a terminal illness where
death in imminent or you are in a persistent vegetative state.
Choosing the right person as an agent is a very
important decision and should be given careful consideration. It should be
someone who is trustworthy, honest, knows how to handle money and accepts the
responsibility as an agent. This agent owes a duty to the principal, called a
“fiduciary” duty, which means the agent has to act in the principal’s best
interest, in good faith and with care, and keep good records. Abuse by an agent
or a breach of fiduciary duty can be punishable civilly and criminally. A
principal has the control to revoke a Power of Attorney at any time.
If you become incapacitated and have not executed Power
of Attorney documents, court proceedings called Guardianship and
Conservatorship may be needed for someone to obtain supported decision making
authority, which is both time consuming and costly. However, this may be
avoided by planning in advance and executing Durable Power of Attorney documents,
which give you greater control and freedom of choice in an affordable manner.
This article was written by Donna
A. Schuyler, Attorney, who practices in the areas of estate planning, elder law,
guardianship and probate.
Donna Schuyler Law, PLLC; elderlawboise.com; Phone
208-344-1947
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
Who Understands the Emotional Side of Senior Moves?Moving with Heart: The Emotional Journey of Senior TransitionsMoving is never just about packing boxes and relocating belongings. For seniors, transitioning to a new homewhether its downsizing, moving to assisted living, or relocating closer to familycan bring an emotional whirlwind. The memories tied to their home, the fear of change, and the uncertainty of whats ahead can feel overwhelming. At A Call to Order Professional Organizer, we understand that senior moves are about more than logisticstheyre about honoring a lifetime of memories while creating a comfortable and safe new beginning.Understanding the Emotional Weight of Senior MovesEvery home tells a story. A favorite chair where grandchildren once sat, a collection of souvenirs from years of travel, the kitchen where family meals were lovingly preparedall hold sentimental value. When seniors prepare for a move, they arent just leaving behind a house; theyre stepping away from a lifetime of cherished moments. This emotional attachment can make decisions about what to keep and what to let go incredibly difficult.Some of the most common emotional challenges seniors face during a move include:Fear of Losing Independence Moving into a smaller home or assisted living can make seniors feel like they are losing control over their lives.Attachment to Possessions Every item has a story, and parting with belongings can feel like letting go of precious memories.Anxiety About the Unknown Change can be unsettling, and seniors may worry about adapting to a new environment.Grief and Nostalgia Moving may bring up feelings of loss, especially if the home has been in the family for decades.Overwhelm and Fatigue The sheer process of sorting, packing, and coordinating a move can feel exhausting and unmanageable.Having professionals who understand the emotional side of senior moves can make all the difference. At A Call to Order, we help navigate these feelings with compassion, patience, and expertise, ensuring that each senior feels supported every step of the way.How to Make the Senior Move Process EasierWhile moving is emotional, there are ways to make the process smoother and less stressful for seniors and their families.1. Start with Gentle ConversationsChange can feel intimidating. Begin by having open and reassuring conversations about the move. Focus on the positivesless home maintenance, a safer living environment, and new opportunities for socializing and engaging in activities. Its essential to listen to their concerns and validate their feelings throughout the process.2. Sort with SensitivityDecluttering and downsizing can be one of the most difficult aspects of a senior move. Instead of rushing, take time to go through items with care and patience. Use these strategies:The Three-Pile Method: Keep, Donate, or Pass Down. This helps seniors feel a sense of control over their belongings.Memory Preservation: Encourage taking photos of sentimental items before parting with them or passing them down to family members.Create a Special Keepsake Box: Allow seniors to keep a small collection of their most treasured mementos to bring to their new home.3. Enlist Professional HelpHaving a compassionate and experienced senior move manager can make a world of difference. A Call to Order Professional Organizer specializes in helping seniors and their families through every step of the moving process. From organizing and packing to setting up a new home that feels familiar and welcoming, we provide expert guidance and emotional support.4. Recreate a Sense of HomeThe transition to a new space doesnt have to feel like a loss. Help seniors feel at home by:Arranging furniture in a familiar wayBringing personal touches like favorite decor, blankets, or family photosEncouraging visits from loved ones to create warmth and connection in the new environmentCompassionate Support Makes All the DifferenceAt A Call to Order, we believe that moving should be about embracing new beginnings without losing sight of the past. We are here to support seniors and their families, ensuring that every move is handled with care, dignity, and understanding.If your family is facing a senior move, let us help ease the transition. Visit www.acalltoorderco.com or call 719-231-5425 to learn more about our compassionate senior move services.Because a move isnt just about changing homesits about honoring a lifetime while making space for new memories.
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.
With over 25 years of experience as an elder advocate, Attorney Donna Schuyler practices in the areas of elder law, estate planning, guardianship, conservatorship and probate.Her lifes work is to provide protection for this vulnerable population and help elders achieve a high quality of life while preserving dignity and respect.Donna is a member of the Idaho State Bar Taxation, Probate and Trust Law Section, a member of the Idaho State Bar Professionalism and Ethics Section, past president and current member of the Treasure Valley Estate Planning Council and board member of Trust and Estate Professionals of Idaho. She has authored numerous articles on elder issues and lectures nationwide on estate planning and elder matters.
With over 25 years of experience as an elder advocate, Attorney Donna Schuyler practices in the areas of elder law, estate planning, guardianship, conservatorship and probate.Her lifes work is to provide protection for this vulnerable population and help elders achieve a high quality of life while preserving dignity and respect.Donna is a member of the Idaho State Bar Taxation, Probate and Trust Law Section, a member of the Idaho State Bar Professionalism and Ethics Section, past president and current member of the Treasure Valley Estate Planning Council and board member of Trust and Estate Professionals of Idaho. She has authored numerous articles on elder issues and lectures nationwide on estate planning and elder matters.
With over 25 years of experience as an elder advocate, Attorney Donna Schuyler practices in the areas of elder law, estate planning, guardianship, conservatorship and probate.Her lifes work is to provide protection for this vulnerable population and help elders achieve a high quality of life while preserving dignity and respect.Donna is a member of the Idaho State Bar Taxation, Probate and Trust Law Section, a member of the Idaho State Bar Professionalism and Ethics Section, past president and current member of the Treasure Valley Estate Planning Council and board member of Trust and Estate Professionals of Idaho. She has authored numerous articles on elder issues and lectures nationwide on estate planning and elder matters.