For more information about the author, click to view their website: Shell Point Retirement Community
This is part one in a four-part series dedicated to an in-depth examination of advance directives: who is eligible to make an advance directive, what it is, how to create one, and what to do with the document after it is complete.
Who is eligible to make an advance directive?
Every competent person has the right to make decisions concerning his or her own healthcare, including the right to choose or refuse medical treatment. When a person becomes unable to make decisions due to a physical or mental change, such as being in a coma or developing dementia (like Alzheimer’s disease), he or she is considered incapacitated.
To make sure that an incapacitated person’s decision about healthcare will still be respected, the Florida legislature enacted legislation pertaining to healthcare advance directives. The law recognizes the right of a competent adult:
Since anyone is eligible to make an advance directive, the next step is to better understand the document in question. This and more will be covered in August, during the second installment of this four-part series.
The Legacy Foundation at Shell Point Retirement Community exclusively serves Shell Point residents by providing fiduciary services, such as benevolent gift administration, charitable gift annuities, power of attorney and personal surrogate services, bill paying, estate and gift planning assistance, and the delivery of enhanced financial management services.
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.
PaperworkPaperworkWhat Should I keep? Sorting through the paperwork of a deceased loved one is a daunting task. It is important to know what to keep and what to discard. Here are some helpful tips. Deeds, Titles and Vehicle RegistrationsDeeds and titles to property may not be obvious on the face of the document so it is important to read everything carefully. Keep anything that has a legal description (Lots and Blocks or Metes and Bounds), a vehicle identification number (VIN), contains the word title, deed of trust or warranty deed. ReceiptsSome property does not have a title such as a tractor, farm equipment or certain recreational equipment. In such cases, keep the purchase receipts for this type of property. It will be useful if there is a question about ownership, the value of the property or the date it was purchased. Bank RecordsSave all bank records and statements. These will be valuable if a dispute arises about ownership of an account, payments or distributions made from the account and to whom. Shred unused checks. Retirement AccountsSave all statements and records pertaining to the decedents individual retirement accounts (IRAs), 401(k) plans or pension plans. Life Insurance PoliciesSave all life insurance policies. Social Security Paperwork and Earning StatementsSave information about the decedents Social Security account or earning statements. Cancel the Decedents Credit Card Accounts Nowadays, identity theft is a huge issue. Contact Experian, Equifax and TransUnion to report the death of your loved one. Request the credit report be flagged as Deceased. Being proactive prevents a lot of hassle later on. Cancel all credit cards in the deceased persons name. Also, there may be questions about the credit card purchase of certain items or property. Save credit card statements until probate of the decedents estate is complete. Documents that contain the decedents Social Security NumberIf you find any documents with the decedents Social Security Number and you make a determination that the documents are not going to be saved, make sure it all gets shredded. Tax RecordsKeep the decedents tax records. There may be a question about real property valuation, exemption or other issues that can be resolved by information in a tax return. Loan PaperworkKeep all loan paperwork including loans on property or a loan the decedent made to a relative, friend, individual or organization. This may show that there is outstanding debt or money owed to the decedents estate. Business AgreementsSometimes people have business agreements that have been documented in writing. Such agreements may contain a succession plan, what should happen with business equipment or property, or what should happen upon the death of a business partner. Military RecordsSave all military records just in case there are benefits owed to a survivor such as a spouse, dependent child or disabled child. Some benefits are dependent upon verification of military service during war time which occurred prior to the advent of computer records. This includes photographs taken during wartime. Birth and Marriage CertificatesSave all birth and marriage certificates. Again, for certain benefits for survivors, such certificates may be needed. Timeframe for Keeping PaperworkIt is advisable to keep these potentially important documents until the estate of the decedent is settled, at a minimum. Otherwise keep them at least seven years and longer if possible, especially if real estate is involved. Contact Your AttorneyYour attorney will ask you pertinent questions and give you advice about what records to keep. You should also review your own estate plan documents to make sure they are up to date and reflect your current wishes. 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
Shell Point: A Lifecare CommunityAt Shell Point, we offer more than just a place to live; we offer a lifestyle. Our community is designed to provide a comfortable and enriching environment for our residents, with a focus on wellness, recreation, social engagement, and spiritual fulfillment. With Lifecare, including assisted living and skilled nursing care if needed, you can enjoy peace of mind knowing that your needs will be taken care of now and in the future.Lifecare Contracts - A Sound InvestmentWe understand that everyone's needs are unique. That's why we offer a variety of easy-to-understand Lifecare contracts to accommodate different situations and budgets. Our contracts, including refundable options, are designed to take the worry out of retirement planning. When you retire at Shell Point, you can be confident that you'll have the care and support you need, no matter what the future holds.Our ContractsContract A: Includes independent living, assisted living, memory care, and skilled nursing services, all covered by the same monthly maintenance fee.Contract B: Offers a 15% reduction on the entrance fee and includes independent living with all amenities, plus assisted living and memory care.Contract C: Provides a 100% refund of the entrance fee upon death or cancellation, with guaranteed access to assisted living, memory care, and skilled nursing at private pay rates.Plan Your Future with Shell PointOur rate schedule is based on a minimum age of 60 and includes all utilities except phone and internet. Residences are priced according to contract type, location, elevation, and view. Visit us today to learn more about our contracts and find the perfect home for your retirement.
Assisted Living at Kings Crown includes 120 private residences featuring full baths and kitchenettes. Open to both Shell Point residents and outside community members, we provide a resort-style living experience coupled with personalized care services.Located on The Island at Shell Point, Kings Crown is surrounded by natural beauty, offering residents a tropical paradise with activities like watching manatees in the lagoon, dining with friends, strolling through the park, or enjoying outdoor concerts.Our recreational staff plans daily and weekly events that encourage social, spiritual, educational, physical, and emotional growth. Residents enjoy amenities such as a media screening room, billiards room, beauty salon, activity and craft rooms, sunrooms, and a fitness center with supervised classes.The medical staff includes dedicated physicians skilled in gerontological medicine. Daily personal care and assistance are tailored to individual medical needs, enhancing quality of life through supportive services.Our elegant dining room offers panoramic views and serves delicious meals three times a day, seven days a week. Residents and guests enjoy restaurant-style dining with menus that change daily. Residences at Kings Crown are designed to create a homelike environment while offering a resort-style experience. Our services include 24/7 medical response, medication administration, weekly housekeeping and linen service, an on-site country store, 24-hour security, and a variety of floor plans to choose from.For information about Assisted Living at Shell Point, please call (239) 454-2077.
Assisted Living at The Springs at Waterside at Shell Point offers a premier senior living experience in the heart of Southwest Florida. With 105 private residences, The Springs provides a comfortable and supportive environment for seniors needing assisted living services.Our priority is your health and well-being. Our recreational staff plans daily and weekly events to challenge residents socially, spiritually, educationally, physically, and emotionally. These efforts are designed to support your overall health and happiness.Residents at The Springs enjoy a variety of amenities, including a state-of-the-art media screening room, billiards room, beauty salon, activity and craft rooms, and sunrooms with floor-to-ceiling windows. Our full-time activities staff coordinates programs and activities, while the onsite fitness center offers supervised fitness classes.For added peace of mind, The Springs has a dedicated medical staff of physicians skilled in gerontological medicine available 24/7. In addition to medical services, our dining room offers restaurant-style service with daily changing menus, ensuring a pleasant dining experience for residents and their guests.Friends and family are always welcome at The Springs. Residents have private apartments and access to parlors, seating areas, and activity rooms for entertaining guests. Outdoor areas like the covered patio and poolside area offer opportunities to enjoy the Florida sunshine. Transportation is also readily available for shopping, recreational programs, and medical appointments.With medical response by licensed nursing staff 24/7, complimentary WiFi in common areas, assistance with medication administration and management, and other services, The Springs at Waterside at Shell Point provides a comfortable and caring environment for seniors. Contact us at (239) 454-2077 for more information about Assisted Living at Shell Point. Our case managers and moving coordinator are available to assist individuals or families in making the transition to our community seamless and stress-free.