Taking Care of The Elderly

Powers of attorney

Health Directive

An advance health care directive, also known as a living will, personal directive, advance directive, medical directive or advance decision, is a legal document in which a person specifies what actions should be taken for their health if they are no longer able to make decisions for themselves because of illness or incapacity. In the U.S. it has a legal status in itself, whereas in some countries it is legally persuasive without being a legal document.

I recommend this site for more information: http://www.caringinfo.org/i4a/pages/index.cfm?pageid=3277

 

Medical PoA

In most states, an Advanced Healthcare Directive is the same thing as a Medical Power of Attorney. Find out if this is the case in your state, or if you need another form.

 

Financial  & Legal PoA

What Is a Power of Attorney (POA)?

"A power of attorney is a written document in which the "principal" (your loved one, for example) appoints someone else, referred to as an "agent" or "attorney-in-fact," to act for her under certain circumstances.

 

The principal decides how much responsibility she wants the agent to have. She can give her agent a wide range of powers — the ability to access bank accounts, sign income tax returns, sell stocks and manage real estate, for instance — or she can limit that person’s authority to a single transaction. Your loved one should design her power of attorney to fit her anticipated needs.

 

The principal also decides when the agent’s powers begin and when they end. Depending on the circumstances, she may decide to go with a conventional power of attorney, a springing power of attorney or a durable power of attorney."

 

(Taken from: https://www.aarp.org/caregiving/financial-legal/info-2017/financial-power-of-attorney.html)         

 

Ok, that’s great and all, but how do I get this done if my parent or loved one is no longer capable of doing so?

This is where things get difficult. You will have to petition the probate court for a guardianship or similar arrangement. Guardianships are used to assist persons who are unable to fend for themselves due to infirmity, lack of capacity, mental illness or other disability that impairs their judgment or results in functional limitations that make guardianship necessary. The downside is that it costs money and requires the guardians to give the court periodic accountings.

 

If I am the senior, how do I choose the right person?

Choosing a Medical Power of Attorney

"If you decide to choose a medical power of attorney, here are some things to look for:

Someone who is not intimidated by medical professionals and is willing to ask challenging questions

Someone who can put aside their own feelings about a particular procedure or medical option in order to ensure that your wishes are carried out

Someone who understands...and will follow…your wishes about medical options and end-of-life care

You might also want to think about an alternate power of attorney if your first choice is unable to carry out the job.

 

Once you choose a medical power of attorney, continue talking with him or her on an ongoing basis about possible situations that might occur, and how you would want them handled. Although you cannot anticipate every possibility, the more you talk with this person about your wishes in general, the better they will understand your overall desires about care at the end of your life."

(information taken from https://www.webmd.com/palliative-care/advance-directives-medical-power-attorney#2-3)

 

Side Note: Based on personal experience, you need to make sure that the person you appoint is capable of taking on the responsibility.  I was the fourth person and the only person who was willing and able to take this on.  We got lucky that they had thought to go that far down and appoint that many people. The first person on the list was no longer mentally capable of taking charge, the second refused to be involved, and the third was not psychologically capable of taking over at the time of need. So choose wisely and make sure that the person you choose is very aware of your wishes.  Spell everything out. Have them repeat it to you. And hold yearly meetings with them in case of any changes.