September 2009  Planning ahead for a health emergency It’s always best to deal with legal matters when you don’t have a problem. By Daniel G. Fish et’s say that you or an older relative were involved in an accident and found yourself in the Intensive Care Unit of a hospital. If everything you own is in your name alone, no one, not even a spouse, a son or a daughter, would have access to your bank account or your brokerage account. No one else could write checks to pay your rent, your mortgage or the premiums on your car and life insurance. Set up a “Durable Power of Attorney” for financial matters One solution to this all-too-common dilemma would be to go to court and have a guardian appointed. But a simple guardianship order, which is what a relative would need to obtain, could take up to six months, and the legal fees would range between $5,000 and $10,000 or even more if there were complications. The alternative is to set up in advance a “Durable Power of Attorney.” This document allows you to appoint one or more people whom you trust to act for you in financial matters if you are unable to take action or make your own financial decisions. This differs from other powers of attorney that end when the person loses mental capacity. The “Durable Power of Attorney” remains in effect for as long as you live provided you don’t change it. When you die, your “Last Will and Testament” takes over. Power of attorney forms are readily available for $1 or so, and many states offer free power of attorney forms that can be downloaded from their .gov websites. The cost to implement your “Durable Power of Attorney” would be only a few dollars to have the document notarized. Each person you appoint should sign the document individually, but you should clearly indicate your order of choice—and that only one person should act at a time. Helpful elder care sites on the Web Here are just a few of the many www sites that can be helpful to elder caregivers: caregiving.org The National Alliance for Caregiving rates books, videos, websites, and other products, based on specific topics. caregiver.org The Family Caregiver Alliance offers a Q&A service, tip sheets, and information about support groups. familycaregiving101.org A collaboration of the above two Alliances to help people deal with caregiving challenges. aarp.org AARP provides free access to its caregiver bulletin boards and lists of elder care facilities and services, among other basic resources. benefitscheckup.org The National Council on the Aging assesses user needs, financial situations, and lists government programs, tax breaks and various services. Check community listings at: extendedcare.com and familycareamerica.com For region-by-region information about provider choices: medicare.gov To locate an Area Agency on Aging: eldercare.gov To help build a volunteer network in your community: seniornavigator.org From Johnson & Johnson: strengthforcaring.com Also worth noting: alzheimers.org strokenetwork.org If you live in two states, it’s best to appoint someone in the state you spend most of your time in. The form will go into effect as soon as you sign it. Note that some financial institutions want you to use their own forms. Once you have the form signed and notarized, do not put it in a safe deposit box. The bank will act only if it has the original form, so you will need to give copies to the agents you have named—and be sure to tell them where you have put the original in case something happens to you. You’ll need a “Health Care Proxy” for medical decisions What would happen if you no longer could make your own health decisions? Many people assume they have taken care of this matter if they have a “Living Will.” But the fact is, a “Living Will” applies only to a narrow band of medical events that occur under three specific conditions: If you are terminally ill, If there is no hope of recovery, and If heroic measures are being considered. On the other hand, a Health Care Proxy or a Power of Attorney for Health Care covers all medical situations and consent for all procedures. One or more persons is appointed to make medical decisions for you in the event that you are unable to make them yourself. It can only be used if two doctors certify that a person can’t make medical decisions him or herself. This form does not require notarization. You just need two witnesses over age of 18 when you sign it. Copies are acceptable. In fact, it’s a good idea to give a copy to all of the doctors you deal with and ask that it be put into your medical record. If you have both a Living Will and a Health Care Proxy, the latter takes legal precedence. So it’s important to make sure that the person you choose knows your wishes and will be your advocate. —The author is a principal in Daniel G. Fish, L.L.C., and is a past president of the National Academy of Elder Law Attorneys. This article is not intended as legal advice.   Front Page Feature | Interchange | Research Review | Elder Issues | Parenting On the Job | We Recommend | A Healthy You | Home

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