Durable Power of Attorney - Trust and Estate Planning Law Office

What is a Health Care Proxy, Living Will and Durable Power of Attorney?

As you get older, you may come to realize that you or your loved ones will eventually be unable to make major decisions on their own. Before that time comes, it is common that people consider a health care proxy, living will, or power of attorney. However, many people are unaware of the significance that these documents hold. It is important to understand the difference among these various forms depending on what you and your loved ones want.

Health Care Proxy

A health care proxy is a document that directs who will make your medical decisions for you after you are deemed to be unable to make your own decisions by a physician. Usually a family member or trusted friend is assigned this role to execute medical decisions of your best interest when you are unable to. You will be able to continue to make your own choices as long as you are still in the right state of mind. For example, if you were to fall into a coma, the health care proxy you appointed would take the steps necessary as per your wishes in this unexpected situation.

Living Will

A living will is simply a document that contains your medical wishes written for family members, friends, and health care facilities. In the situation that you will be unable to communicate your health care wishes, this document should give loved ones and others an idea of what you would have wanted. This document does not appoint anyone to oversee and speak on your behalf. It is purely a document stating your medical wishes.

Durable Power of Attorney

A durable power of attorney assigns a person (or people) to make financial decisions unrelated to making health care decisions for you. This includes factors such as paying your bills and can even include managing real estate and other assets. It is possible for the health care proxy to overlap with the power of attorney but there is a separation between the two. Power of attorney relates to financial matters while a health care proxy is exclusively medical decisions.

To summarize: a health care proxy dictates who makes your medical decisions (in both predicted and unexpected events) while a durable power of attorney dictates who will make your financial decisions for you. In addition, a living will is just your medical wishes on paper for any possible event that may arise.

A factor that people tend to forget is that an agents’ authority can be temporary as well as permanent depending on the situation. In the situation where you may be physically incapacitated for a limited amount of time, the agents’ are able to make decisions for you during the time you are unconscious. After you wake up, they lose their authority. In permanent situations such as being in a vegetative state, suffering from Alzheimer's, or otherwise, agents will be allowed to be authorized to make decisions on your behalf.

It is crucial to consider which loved ones would be the most suitable to carry these forms of authority. These kinds of documents may save trouble in the future in case anything arises. For more information on health care proxies or estate planning, please contact the Law Office of Inna Fershteyn at (718) 333-2395.

3 Legal Documents That are Needed for Caregivers to Manage a Senior’s Healthcare

Planning for your elderly loved ones is a crucial task that guarantees their safety in preparation for the future. It is imperative that all of the documents are completed in a timely fashion so that they can be utilized when the time comes. Additionally, seniors must select trusted individuals to make decisions on their behalf once they are no longer able to do so. Due to the legality behind healthcare and medical practices the laws regarding the individuals who can receive updates on the senior are very specific. In order to partake in medical decisions and conversations with your loved one’s doctor you must have the eligible qualification that entrust you with such information. If you would like to be the one responsible for making medical decisions on the senior’s behalf, you should complete the proper documents that would grant you this authority. These documents will be supplied to you by an Elder Care attorney and you will be assisted in the task of filling them out completely. If you do not complete these documents prior to needing to make medical decisions on behalf of your loved one, then you must go to court to petition for guardianship. This is an absolute last effort that should be avoided at all costs, as it takes time away from your ability to make medical decisions for your loved one.

Document #1: Power of Attorney

A power of attorney gives an individual the right to act on your behalf. There are four types of power of attorney documents that are mostly commonly utilized. These include General Power of Attorney, which means the document comes to a close when the principal becomes incapacitated, revokes the agent for the power of attorney, or passes away.The power of attorney has the power to make medical decisions on behalf of the senior in need of care. A Durable Power of Attorney enables the agent to maintain power even once the person becomes incapacitated. This implies that they can make decisions for the senior even once the senior is not in a clear and present state of mind. A Special Power of Attorney gives the agent specific limited powers within a specific area. Lastly, a Springing Durable Power of Attorney comes into place when a specific event causes the principal to become incapacitated. This document must be prepared while the individual is still competent to ensure that the agent has the power to make all of these imperative decisions when the time comes .A Power of Attorney allows the principal to appoint a specific agent who will act on their behalf in the case that they become incapacitated. Therefore, this individual must prioritize the needs and preferences of the principal by making imperative decisions. These decisions pertain to finances, healthcare, recommending a guardian, etc. This ensures that your loved one’s wishes are met through the guarantee of financial security and effective healthcare choices when the principal becomes unable to make the decisions on their own.

Document #2: HIPAA Authorization Form

The acronym HIPAA stands for the Health Information Portability and Accountability Act. This form guarantees that an individual’s health information and records will remain private under the legal jurisdiction of the act. With the presence of this form medical professionals are unable to share any information regarding your health or status to others without legal consent in written form. However, if your name is stated in the form then the doctor has the right to inform you of the patient’s care. If your name is written in the form it implies that you are an approved family member and therefore eligible to ask any questions and receive all medical information regarding the care and status of your loved one. The individual receiving the care must sign the HIPPA form in order to give consent for family members to be involved in the medical decision process. Only the minimum information necessary will be communicated, so do not worry about all of your information being communicated. Therefore, you are greatly encouraged to complete this form to ensure that you are authorized and eligible to receive updates on your loved one’s medical status.

Document #3: Advance Healthcare Directive

This document is a perfect preparation for the foreseeable future, as it serves a similar purpose to a will document. The individual communicates their healthcare preferences in the case that they become incapacitated and cannot make decisions for themselves. This document dictates directions for the medical power of attorney to follow to ensure that the senior’s best interest is prioritized. In the case that the patient is in need of resuscitation, this document should state whether resuscitation should occur or if the patient wishes not to be resuscitated. All of the serious medical decisions concerning life support and the decision to donate organs are stated within the document to guarantee that the patient is treated in the exact manner he would have preferred if he were able to make his own decisions in the moment.Be sure to discuss all of the potential medical necessities and healthcare issues with your loves one, so that you are fully aware of their wishes and best interests. An attorney can assist you with drafting a valid Advance Healthcare Directive that will abide by your state’s laws. Take the time now to best prepare for your loved one’s future by planning for their healthcare in advance.

Although it may be difficult to come up with a way to discuss the topic with your loved ones, the conversation is definitely worth having. The best way to begin this conversation would be to state that you are interested in creating a healthcare plan for your future and would like some advice. During this process, your elderly loved ones will realize that they too are in need of Elder Care Planning. This will be the perfect moment to take note of their preferences and desires regarding the manner in which they wish to be cared for. Schedule an appointment with your local Elder Care Attorney to begin the journey of planning for a better future. The attorney will provide a detailed outline of all the steps and documents you must follow and complete. You will be guided throughout the entire process and will have all of the support necessary because growing older should not be an end to your journey, rather just a stepping stone.

For further Elder Care Planning information please contact the Law Office of Inna Fershteyn at 718-333-2395 to effectively plan for your elderly loved one’s future.

Why Elder Law Attorneys Aren’t Just For Seniors?

An Elder Law Attorney serves as an advocate for the elderly and their loved ones when it comes to the legal issues related to healthcare and financial assets. Individuals who have reached an old age or are approaching the 65 benchmark should consider hiring an Elder Law attorney to assist them with the matter of retirement, social security, Medicaid, long term care planning, guardianship, disability, etc. An Elder Care Attorney will address the importance of creating an estate plan composed of a will, trust, health care proxy, power of attorney, and letter of intent in order to effectively prepare for the future. There are numerous benefits to hiring an Elder Law attorney, some of which include guidance in long term care planning, assistance in creating a durable power of attorney, aid in receiving Social Security benefits, and protection against elder abuse. Elder Law Attorneys are specialists in their field, as they have much experience handling similar cases related to the specific needs of seniors. The attorney will utilize a holistic approach in ensuring that the key issues pertaining to long-term care, housing, well-being, and financial asset protection adhere to the wishes of the elderly individual. In terms of requiring assistance in creating trusts and wills for an elderly loved one, an esteemed Elder Attorney will be able to guarantee that the documents have the individual’s best interests at heart. The lawyer will work with you to protect your assets in the best manner possible to ensure that necessary payments are made on the home and other personal costs, while making sure that there is no form of financial exploitation of assets that could harm your loved ones.

Benefits to Hiring and Elder Care Attorney:

1)Guidance in long term care planning

In the case that an individual’s physical and mental health declines, a long-term care facility is typically the most effective plan of care for the individual. When considering which long-term care facility is most effective for your loved one’s needs be sure to also note that the payment plan for this facility is within your price range. An Elder Care Attorney can assist you in obtaining long-term care insurance that will help cover the expenses of care, as prices are on the rise in NY. In the case that long-term care insurance is out of your financial budget, an Elder Care Attorney can assist in qualifying for Medicaid. You are guaranteed to make the best long term care decision possible for your loved one if you seek proper instruction and assistance from an experienced attorney.

2)Assistance in creating a durable power of attorney

A durable power of attorney serves to grant a third party the ability to make decisions and take actions on behalf of the individual who has become incapacitated, as they are no longer able to make decisions independently. An Elder Care Attorney prefers a durable power of attorney rather than just the typical power of attorney because the durable document remains functional even after the individual loses the ability to make decisions for themselves. On the contrary, the typical document would only function if the individual has not become mentally incapacitated. An attorney will guide you through the process of filling out this document to ensure that your future is well planned for.

3) Aid in receiving Social Security Benefits

An Elder Care Attorney works to guarantee that you are receiving all of the benefits you deserve based on your current age and overall health. Once you reach the age of 67 you are subject to receive the full Social Security benefits. If you have reached this age and are not receiving your full benefits, an attorney will advocate on your behalf and work to grant you your benefits. If you have a disability and are subject to receive disability benefits, then the attorney will assist you in obtaining those benefits by following a similar legal procedure. According to NY State regulations, Social Security Disability Insurance (SSDI) guarantees that you may begin collecting benefits after 6 months since the start of your disability. With the support of an esteemed Elder Care Attorney, you will certainly receive all of the benefits you rightfully deserve.

4)Protection against elder abuse

With the current foundation, research has shown that many elderly residents in nursing homes are facing unjust treatment. An Elder Care Attorney will work with you by representing your loved ones who have been the victims of physical violence, emotional mistreatment, or financial fraud. The attorney will not just provide guidance on the following steps, but will ensure that justice is served and your loved one will never be treated in this manner ever again. The attorney will advocate for the rights of your loved one to guarantee that they are being properly cared for and looked after, especially during these troubling and challenging times.

So, In Sum, Why Elder Law Attorneys Aren’t Just For Seniors?

Elder Law Attorneys work to assist individuals in creating a plan for their future to ensure that the individuals interests and best wishes are clearly declared. These individuals are not always seniors. As a matter of fact, it is recommended that you hire an Elder Care Attorney prior to the age of 65. It is always better to be prepared for anything, rather than procrastinate on preparing for your future. Many individuals fall victim to the assumption that they have an unlimited period of time left to get all of their assets and legal information together. The unfortunate truth is that life is inexplicable and unexpected events can occur at any point in time. In the case that an individual does not have an elder care in place prior to the point in time when they biome incapacitated, then their loved ones must embark in the costly and lengthy process of earning the legal authority to act on their loved one’s behalf. It is encouraged that you avoid waiting because the guardianship legal procedures associated with waiting too long to create an elder care plan are very complex and expensive. If individuals do not take the time to create a will, then they will not be able to decide how they would like their assets to be distributed or how their minor children would be cared for. The court would then be responsible for distributing your assets and estates, which may not align with your wishes. It is certainly better to be well prepared ahead of time, rather than at a loss when the time comes. Make the decision today to protect yourself and your loved ones by hiring an Elder Care Attorney to draft all of your legal documents and create a plan for the future.

For Elder Care inquiries please contact the Law Office of Inna Fershteyn at 718-333-2395 to best prepare your legal documents for the future.