Legal Documents Can Ease The Caregiving Process
Caring for an adult Loved One with health issues can be overwhelming. Besides the physical care and mental support you give your loved one, you may also be tasked with overseeing their financial and medical care needs. There are documents your Loved One can provide that can help you navigate their financial and medical care wishes once they are no longer able to do so for themselves.
Although these are difficult decisions to make, your Loved One should obtain these documents as soon as soon they know they need a caregiver. It is very important they are obtained while your Loved One is still mentally capable of making decisions for them. Obtaining these documents will give your Loved One peace of mind knowing they have set forth their wishes and they will be honored if/when they can no longer speak for themselves.
Durable Power of Attorney (POA) – This document allows your loved one to name someone, (an attorney-in-fact) to make financial and other decisions on their behalf when they are unable to make decisions on their own. The attorney-in-fact can use the Loved One’s bank accounts to pay bills, buy groceries, and obtain necessary items for the Loved One. Importantly, the attorney-in-fact cannot override the decisions of the Loved One while they are mentally capable of making decisions on their own.
Power of Attorney for Health Care – Also called an Advance Directive, allows your Loved One to appoint someone to make health care decisions on their behalf when they are no longer able to. That person becomes their health care agent. The agent will be able to choose medical providers, types of treatments, and end of life decisions for their Loved One once their Loved One can no longer do that for themselves.
Living Will – A Living Will sets forth a Loved One’s wishes for medical treatment once they are no longer able to speak for themselves. It states the Loved One’s wishes regarding artificial life support and life-sustaining treatments.
Standard Will – This sets forth who will manage the Loved One’s estate (bills, income, assets, etc.) and who will receive their assets once they have passed away.
Guardianship/Conservatorship – This requires going to court and asking the court to appointment someone to make decisions for your Loved One regarding their care and property. A guardianship/conservatorship is generally sought when your Loved One has dementia, is no longer able to make decisions about their own care and the family is unable to agree on care for the Loved One, or the Loved One has no family.
These are but a few of the legal documents that can be obtained by your Loved One to make caregiving a little less stressful and make sure their wishes known. Seeking the assistance of an Elder Attorney, an attorney that specializes in laws that affect seniors, is recommended as each states’ elder laws vary. Seeking out an Elder Attorney will ensure the documents are legally correct and enforceable.
Caring for an adult Loved One or Beloved Child facing health issues can be exhausting to say the least, but it is a labor of love that will be cherished. When your Loved One’s wishes have been expressed and provided for, you can focus on the most important thing, creating the best possible life for your Loved One or Beloved Child for however long they have left.
ABOUT WAYLA TODD:
I have a broad background with a Master’s degree from George Washington University in Paralegal Studies and worked in the legal field doing Social Security Disability and Personal injury for 22 years. Currently I live in Berea, Kentucky with my wonderful family and am the Administrative Assistant for the Nursing Department at Berea College.
I know how hard it is to be a Caregiver and to have to manage the different forms and processes for Social Security Disability among other things. Thankfully from my career choice I was able to navigate these things for my Mom when she became ill, but I know many people have trouble and need help to understand the process. As part of my Caregiving journey for my Mom I did a lot of her personal care and also managed her financial affairs.
I know first hand how to navigate the different account issues that come up as you are taking over finances from your Loved One and the many hurdles that come up while you are making all the changes. After she died I was the executor and once again, I learned how to close and move accounts, finding the right paperwork to process and finalize her estate.
Like Lili, I am grateful if I can share the information I gathered during my journey with my Mom and am very pleased if I can help save others the time and headaches of trial and error on the financial and legal aspects of supporting their Loved One’s through illness and final transition.