power of attorney - Trust and Estate Planning Law Office

How to Prepare a Loved One for the Possibility of Dementia?

Everything in life isn’t guaranteed and a life, where the best for you and your loved ones is not ensured, is scary. Having a plan for when those unexpected times arise in your life is the best way to ensure you and your loved ones are taken care of. Those approaching their elder years should be one of the first to ensure these plans are in place. Events such as an accident, stroke, heart attack, or something as serious as dementia can be extremely troublesome without the best plan in place. Not only should you consider making plans for your own well-being but encourage your loved ones to do so as well. This will ensure that a designated individual will be able to step in when times like this may occur in your life.

Discussing Legal, Financial, and Health Care Planning With Loved Ones

Though having such a difficult conversation with the people you love may be uncomfortable, the end goal is for you and your family to ensure everyone is taken care of, no matter what obstacles life throws at you. If you wait until your loved one is incapacitated or needs a caregiver it will be extremely hard, legally and emotionally, to be able to care for them when they need you the most. If this occurs you would need to endure the lengthy and complex process of guardianship in order to be able to control a loved one’s medical care and finances. Why put you and your family through this process when you can make a plan beforehand.

Timing Is Extremely Important

Getting your Elder Care planning done in advance is crucial, as in order to be able to sign all the legal documents in the process, one must be physically and mentally able to. In instances such as Dementia, early diagnosis can still hinder an individual’s ability to make decisions. In some cases, a senior may still be able to sign legal documents but this all depends on the progression of the disease and circumstances differ. This actively demonstrates why it is important to plan earlier rather than later. Though it can be difficult to bring up these matters with a loved one, you should try to make it clear that you intend to protect them and ensure that all their assets and life are put in the best scenario possible.

Crucial Documents Needed for Elder Care Planning

Last Will and Testament: A last will and testament is the first step in any Elder Care planning and indicates your wishes when you pass. This document indicates what is done with your assets and ensures your interests are met. We never know when we may pass and this document makes sure not only your interests are met but your loved ones are taken care of when this happens.
Durable Power of Attorney for Health Care: This is a document that will allow an individual to designate a person to make any medical decisions for them if they become incapacitated or unable to. Some decisions include choosing health care providers, nursing care, treatment, and end-of-life care. This document allows the individual to obtain medical records on your behalf as well. This is ideal for anyone as health can change, especially as you continue to get older, and this document will make sure you are taken care of if things don’t go as planned. Those with Dementia are not guaranteed a specific time frame for how fast the disease will progress so having a Health Care Power of Attorney will give them and their loved ones peace of mind when their loved one can no longer make decisions for themselves.
Durable Power of Attorney for Finances: This is a document similar to the Power of Attorney for Health Care, and allows you to designate an individual to make financial decisions for you when you become unable to do so for yourself. Some decisions that can be made on your behalf with this document include managing investments, selling property, taxes, and paying bills. This document is needed, as not only will your estate and assets be protected, but your interests will also be met if you ever become incapacitated. Why let a disease like Dementia or a medical condition stop your family from making sure your assets are taken care of when you can plan ahead.
Living Will: A living will is a healthcare directive that is drafted in advance to indicate an individual’s wish for end-of-life care or a serious medical crisis. This will be a clear indication of what you want to be done in regards to treatment if you are unable to and if the situation is life-ending. This document contains the instructions for the medical Power of Attorney and is important in the Elder Care planning process as leaving decisions like this to your loved ones will cause an immense amount of pain and regret. Your loved ones will not be left wondering what you would have wanted, but instead, know exactly what you want.

Hiring an Elder Care Attorney

Elder Care planning is hard on families and may not be the desired conversation, but it’s definitely a crucial step to ensuring your loved ones and you are taken care of at all times. Sitting down and creating a plan for what will happen in times of illness or losses is the start of your Elder Care planning. An Elder Care attorney can help make this process easier and ensure all your interests are met in a professional and legally binding manner. An attorney will inform you of all your options, and ensure all documents are legally binding and accurate. Discussing Elder Care options is hard enough for you and your family that’s why hiring an Elder Care attorney will allow you the peace of mind that your plans are in place in times of hardship. An attorney will help with the drafting of your Last will and testament, Power of Attorneys, and Living will, so you are ensured the best care.

For further information on how to start your Elder Care planning please contact the Law Office of Inna Fershteyn at 718-333-2395 to obtain aid in the drafting of legal documents and help with any of your Elder Care needs.

How to Care for Aging Parents When you Can’t be There?

All of your life your parents have always been there to support you and guide you through your development. As a child, your parents taught you how to feed yourself, dress yourself, and helped you do all your homework. Then, when you got older, your parents were there to give you advice on which college to go to and which career would be a perfect match for your passions. They were there to support you during your marriage and took care of your children when you went to work. Your parents dedicated their lives to caring for you and now the roles have reversed. Now, it is your turn to take care of them. This can be an extremely stressful task, as it is hard to allocate time to caring for your parents, caring for your children, and working full time. At the same time, it can be even more stressful leaving your parents in the care of strangers because you can't be there to care for them. The best decision in this case is to refer to an Elder Care Attorney for guidance in making the best decision for your family.

An Elder Care Attorney can assist you in drafting a power of attorney and healthcare proxy.

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. Now you may ease your concerns about the financial and healthcare aspects of your parent’s care. The power of attorney guarantees that you will be able to act on their behalf if you are the selected agent. Therefore, you will be able to care for your parents even if you are not physically beside them every step of the way.

Health Care Proxy:

A Health Care Proxy is a document in which the patient selects an agent who will be responsible for making their medical decisions for them. When the patient is unable to make their own decisions concerning their health and overall well-being, the healthcare proxy will be the one responsible for making the imperative medical decisions. If you are the agent declared on the healthcare proxy documentation, then you are the one responsible for making all of the decisions concerning your parents health and well-being. This guarantees thay you do not have to worry about other individuals making decisions on behalf of your parents without any input from you. This is a way for you to oversee your parents health even if you are not constantly taking care of them. You should not have to choose between working full time to prove for your family, moving from a different state of residence, not being able to care for your children after school, in order to become your parent’s caregiver. There are a variety of different ways in the modern world to care for your elderly parents without having to quit your job and other responsibilities.

COVID-19 Concerns:

With the pandemic in full force, you are most likely even more concerned about the care of your elderly parents. The constant worrying if your parents have food in their fridge, if they are taking their medications, if they are safe can all be reduced and even avoided by taking the first step in hiring an Elder Care Attorney today. You deserve to know that your parents are in good hands without having to feel guilty for not being the one to physically care for them. You should not quit your job and risk being unable to pay rent and purchase necessities just so that you can can care for your aging parents, especially during the pandemic that has caused great instability within the current economic state of the United States. The final decision is yours. With the proper documents completed, you will be the one in charge of making all of the most important decisions concerning your parent’s well being. Make the decision today to hire an esteemed Elder Care Attorney who will guarantee that you will be able to care for your aging parents even if you can't be there in person.

For further Estate Planning information please contact the Law Office of Inna Fershteyn at 718-333-2395 to best prepare for your future through will drafting, power of attorney, health care proxy, and living will documentation.

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.