Take the Time Now−Making Important Decisions for the Elderly’s Best Interests

Have you thought about what decisions need to be made for a loved one when the time comes and they can no longer make the decisions for themselves? It is probably something that many of us don’t know too much about, or for others, it is something that we have kept putting off.

This article summarizes some of these important documents to help you determine what route to take in helping and supporting your loved one in their final years. Hopefully, it will make the process easier for you and motivate you to act now.

Five Wishes Program or Advance Directive

This is a legal document that lets you plan in advance how the individual wants to be cared for if they become incapable of caring for yourself. It lists directions to their medical doctor and close family members. The legal requirements vary regarding the need for signage, witnessing, and notarizing from state to state. The document generally outlines:

Wish #1:

Lets you choose the person to make decisions for yourself when you can no longer make them

Wish #2:

Lets you put in writing the medical treatment you want and don't want if you become seriously ill and can’t communicate

Wishes #3 and #4:

Lets you describe how you want to be treated regarding such things as pain management, personal grooming, and bathing instructions, and if and when you want hospice or to stay at home and receive care, etc. You can also request bedside prayers by any religious personnel.

Wish #5:

Gives you a chance to explain how you want to be remembered with a funeral; describes memorial plans; explains your wishes to donate any part(s) of your body to science

Healthcare Proxy

This is a legal document whereby an individual appoints someone (an agent also called the Healthcare Power of Attorney-POA) to make decisions about healthcare for themselves when they’re incapable of doing so. The document is activated when the individual is declared incompetent by a physician. After the proxy is signed, copies are given to the agent, designated family members, and the various health care providers. Healthcare proxies also vary from state-to-state, but they share common guidelines:

The agent’s name and address
The duration of the proxy
Any special instructions based on the individual’s desires (if there are not any listed, the agent has the authority to act regarding blood transfusion, dialysis, feeding tubes, etc.)
Instructions on donating tissues, organs, or body to science
Adult witnesses to the signing
A lawyer who might help with drafting the document

Power of Attorney (POA)

This is a written authorization by an individual to have an agent act for them in any private affairs, business, or some other legal manner. Some jurisdictions require that POAs are notarized or witnessed. The agent (also called the attorney-in-fact, fiduciary, stakeholder, or trustee) takes custody of the individual’s funds and pays any necessary bills. The Power of Attorney is effective when the individual loses mental capacity. It is ineffective if the individual passes away or becomes “incapacitated” unless it is stated in the original POA that the POA should still continue. This type of POA is called an enduring power of attorney or a power of attorney with durable provisions. There are other types: a general POA allows the agent to make all of the decisions related to personal and business; a special or limited POA is limited to a specific act; a temporary POA has a limited time period. Many institutions, such as banks, hospitals, nursing homes, and the IRS, require a POA to be in writing and often need a copy for their own records.

Trust

This is a legal relationship in which one person, called the trustee, holds the property (automobiles, business interests, bonds, collections, money, real estate, personal possessions, etc.) for the benefit of another, the beneficiary. Trusts are private; they are not made public like wills. They are also more expensive to set up and manage than wills (see below), but upon the individual’s death, there is a shorter and less costly probate process.

Will

This is a legal document that gives instructions for distributing your assets after you pass away. A will is not expensive to set up and it becomes public information upon death. You select an executor to handle all of the administrative duties, to manage your assets, and to pay your debts. A guardian can be named to raise your minor children if you should pass away and another guardian, called the property guardian, to oversee any assets that you choose to leave your children, other relatives, friends, etc.

In conclusion, there are several decisions that need to be made when someone ages. It is important to take the time to investigate and set up any precautionary measures to help with easing the comfort level if/when there is an emergency or life-threatening occurrence. The peace of mind that comes with having everything organized and in place now will help to alleviate the potentially difficult, stressful situation into something that is much more manageable.

Take the Time Now−Making Important Decisions for the Elderly's Best Interests | Senior Living Link

Take the Time Now−Making Important Decisions for the Elderly's Best Interests