A look at Durable Powers of Attorney

It is recommended if you are facing an illness or disease that you draw up a durable power of attorney. A durable power of attorney is an advanced medical directive that allows individuals and your family to make legal medical decisions should you become incapacitated and not be able to make them.

A durable power of attorney will usually name the next of kin or trusted individual to make important medical decisions that could up. Durable power of attorney allows individuals to have only one person making the medical decisions. It is a legally binding contract that healthcare providers are required to follow.

Should the individual who drew up the durable power of attorney have other living relatives the one who holds a durable power of attorney is the one whose decisions will be listen to by the healthcare staff. While the individual may be able to discuss medical decisions with other family members it is ultimately their decision to make.

Many individuals who draw up a durable power of attorney will also drop a living will. This gives the durable power of attorney a guideline for how to handle decision-making. However, living wills do not address every medical situation and therefore the individual must use their best judgment in how the elderly person would want the decisions to be made.

Durable power of attorney is usually drawn up by an attorney or legal counsel and can only be legally binding once the individual has signed it in front of a witness and had the paper notarized. Until such time, the durable power of attorney is not affect. Should there be a cause to terminate the durable power of attorney it can be terminated at any time with a written letter to the individual being named a durable power of attorney and to the legal counsel. This written letter as long as it is notarized will sever the durable power of attorney and allow the individual to make up a new power of attorney.

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A Look at Living Wills

An advance medical directive is usually recommended for elderly patients who wish to have their end-of-life wishes granted by individuals or power of attorney. Advance medical directive can give relatives an idea of how to handle stressful situations should the individual become ill and not be able to voice their wishes or how they want their healthcare provided. Here is a look at the advance medical directive known as a living will.

A living will is a document that is drawn up by an individual that outlines how they want their family or power of attorney to handle medical decisions should they not be able to make them on their own. Many living wills will address the issue of how line to being on artificial life support, whether feeding tubes should be inserted, and other medical decisions that could need to be made.

It is believed that living wills allow the individual to discuss how they wish to have their medical treatments provided should they not be able to voice their opinion. If the living will is drawn up by an individual using an attorney the living wills will usually stand up in courts of law as legally binding contracts. However, that has not stopped individuals from fighting family member’s living will stating that they believe that there is just cause that the will is invalid. In the past few years, living wills have gotten a lot of media attention regarding whether or not they should be legally binding and who has the right to listen to a legally binding contract.

Living wills do not have to be drawn up by a lawyer. As long as the living will is notarized and witnessed, the living will is a legally binding contract. Many elderly patients are encouraged to drop a living will so their family members will know how to handle any medical decisions and life-changing events that might come up should the individual patient not be of the right state of mind to help in the decision-making process.

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A Look at Do Not Resuscitate Orders

A legal document that many elderly people will draw up advance medical directive. An advance medical directive is a legal document that expresses the wishes of the individual should they be in the situation where they cannot provide what they want done. Many orders can give express consent to other individuals to make medical decisions should the individual become incapacitated. Sometimes these orders are also drawn up to provide the direct wishes of the individual so that no one has to make the decision. Here is a look at one of the advance medical directives known as a do not resuscitate order.

A do not resuscitate order is commonly drawn up when individual wishes to express how they want their end-of-life issues to be handled. The document will usually discuss what should happen if the patient’s heart stops and of any breathing problems arise. These documents will usually require that medical staff not resuscitate the individual should this happen.

Do not resuscitate orders are legally binding contracts that all medical and healthcare staff must abide by. To drop a do not resuscitate order an individual will have to have a witness, or next of kin as well as a physician or healthcare provider witness the signing of the order. If the order is not signed by the individual the do not resuscitate order is not legally in effect. Once the document is signed and dated the order is legally binding and can only be rescinded in writing by the patient itself to their power of attorney or their attorney.

It is common belief that do not resuscitate orders prevent medical staff from providing medical care. However, do not resuscitate orders only prevent prolonging the life should the heart stop working or breathing stops. It does not prevent medical care from being administered to the individual. It only prevents artificial means from prolonging that individual’s life.

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Today’s Nursing Homes Have Options

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One of the hardest parts about hitting middle age is realizing that you will soon need to take responsibility for your parents. It is not so much an issue of not wanting to take that responsibility as much as it is not wanting your parents to lose their dependence. That is an area that no one quite knows how to tread on. It is hard for the aging parents and it is hard for the adult children involved. Once your mom and dad hit a stage where they need extra care from outside sources, what is the answer?

There are a number of choices available and while one answer is great for the Smith family, that does not mean it is the appropriate line of action for the Jones family. In-home assistance is optimal for many people, but unless the costs are covered by a medical plan, this can become cost prohibitive. If the care involves daily grooming needs, cooking, cleaning and nursing skills, things could get very expensive.

Having mom or dad come to live with you might sound like the best solution, but unless you have unlimited time at your disposal, no small children and pets underfoot, and an abundance of nursing skills to boot, would that really be the optimal situation for everyone? This is a major step and it could change your life dramatically.

Another option is a nursing home. Today’s nursing homes have a lot to offer. Many have communal dining areas to encourage socialization. Most have programs that include arts and crafts activities to keep motor skills sharp. Many even offer bingo and card playing events that the residents can partake in if they so choose. Meals can be tailored to specific diets and nursing care is available all of the time. If this is something you haven’t talked to Mom and Dad about yet, maybe now is the time to do so.

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Independent Living Communities are Great for Active Seniors

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There comes a point in our live when for various reasons we need to move out of our home.  Depending on how sick or how well we are, we might need to move into an assisted living facility or possibly a just a retirement community.  Either way, it is best to be prepared mentally for the move as it can be tough to leave the home you have lived in for so long and love so much.  If you start thinking about the move now, you can also get an idea of where you feel most comfortable and can even take the time to visit some facilities in person.  This is a good idea so you can get an idea first hand of what it will be like to live there once you move.

For someone seeking a senior/elder care facility when they have little to know medical needs, then a retirement home will suffice.  And just for your information, these days you should research the term independent living communities as many people are still more than able to do more than just sit around in a rocking chair.  These facilities are great if you are still an active senior.  One of the benefits that it offers is that you can keep from being lonely and meet new people that are your age.  This is often tough as we age because many of our friends are passing away.  Another benefit is that meals are often provided and you no longer have to cook if you do not want to.  They have busy social calendar full of activities and entertainment options as well.  Some of the newer facilities have apartments that are built for couples also.  You can sell your home and not worry about mainting it anymore.  Plus, if you do have minor medical needs, those can be catered to as well.

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The Health Care Proxy in Elderly People

Many elderly people do not wish to make up any type of health care plans or documents because of the issue of mistrust and lack of knowledge. It is a common belief that once these documents are drawn up that whoever is listed as the proxy or agent on the documents will have the power to just jump right in and do whatever they wish, when they wish it. That is not the case at all.

These types of documents are very important because of the sheer fact that if something were to happen to you and no one was around to voice your concerns these documents allow someone else to act in your interests. Without the documents there is a chance that it could lead to a court battle and by then whatever emergency you are in could be over and precious time was spent fighting over the decision making process.

However, when these documents are drawn up it does not mean that the person listed can immediately take over, unless you list it as such. There is something known as the health care proxy which means that these documents do not go into effect until you are listed in a condition that would prevent you from speaking for yourself. This could be a mental, physical or emotional condition and usually requires the assurance from one or more health care providers that you are incapable of speaking for yourself.

Do not let the issue of mistrust prevent you from preparing for the future. Should an emergency arise you need to be prepare for the worst possible situation. Have these documents ready and list someone that you trust to take over then nothing will be an issue should you be incapacitated. Draw up the papers and trust in the health care proxy to take effect only if you need these documents to be used.

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Filed Under: Lifestyle

Protect You or Your Loved One from Scams

Elderly people are one of the most commonly targeted victims of scams around. They are rather trusting individuals who are easy prey for many of these scam artists. While these scam artists are not usually caught and prosecuted in a court of law, there are many things that you can do to prepare yourself and your loved ones for scams. Prevention is the key to getting caught up in a scam like this which could cause you to lose a lot of money.

Here are some tips to avoid scams and con artists.

Never give out personal information. If someone calls asking for personal information do not give it to them. Always make sure that your personal information is kept private. A lot of times these people will work their ways into your life and gain your trust then take the personal information and abuse it.

Don’t Let People in your House. Don’t let anyone you don’t know in your house. Sometimes these scam artists will come dressed as service members or mailmen who ask if they can enter your house for one reason or another. They then will take items out of your house or personal information.

Don’t Pay For Things You Don’t Have. If you don’t have a gas company named Sunset Gas there is no way that you have a bill for that company. Many companies will try scare tactics on elderly people and try to get them to pay fake bills that don’t exist. If you don’t have a company and don’t remember paying for something that they claim seek legal help or contacted a trusted individual for help. They can help sort out the problems that are going on.

Remember taking the steps to prevent scams from catching up to you is the best way to go. If you don’t get involved with them you don’t have to deal with the legal, financial and emotional troubles that come with them.

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What is a Living Will and Why is it Important?

What would happen if something were to happen to you? What if you were an accident or in a condition where you could voice what you want done to you and what should happen? These are some tough situations to think about but they might come up at some point in your lifetime.

That is where a legally binding living will comes into effect. A living will is essentially a document that will give your loved ones, health care professionals and others a direction as what what exactly your wish is for health care. A living will is also sometimes referred to as an advanced directive, physician’s directive or even health care directive.

What goes into a living will is that the person involved with the will will sit down with a health care professional or an attorney and draw up what they want to see happen to them should they be in a state that does not allow their wishes to be heard. These decisions can range from what type of medications are administered, if a person stays on life support, how long a person stays on life support and other very important issues that may come up at the time.

While this is not the most pleasant subject to bring up with health care professional or even your loved ones. This is a very important document to draw up. This will help those loved ones make a decision that is very hard on them knowing that you have expressed your wishes at the time.

Many times living wills come up in legal battles. Loved ones who disagree with what is written believe that their loved ones are misguided and do not always follow it. Make sure that you discuss what you put in writing with your loved ones, no matter how distressing it is as it will help them understand your situation and what you want done.

Filed Under: Law, Lifestyle

Home Care: You are Allowed To Be Cared For in Your Home

As you age many doctors, health care providers, family members, social workers and others will try to pressure people into believing that the only way you can be cared for is to be cared for in a nursing home or assisted living facility. While nursing homes and assisted living facilities are a decent choice for health care you also have the choice to be cared for in your own home.

Many elderly people are pressured to head to nursing homes and assisted living centers because it is a logical choice and easier all around. However, home health care is an option and can take the place of nursing homes and assisted living centers. Home health care can provide medical help, personal care and even social interaction that is necessary for elderly people.

The cost of home health care is a bit more expensive then that of assisted living centers and nursing homes which is why many health care providers to try to push the centers instead of the home health care option. However, many elderly people have the ability to afford this home health care option they just don’t realize that they have the ability to chose it over other options. Because they do not know that it is an option they chose to stay in nursing homes or assisted living facilities despite their real desire to stay at home.

If you or a loved one feel as if you are being forced to make a decision that you do not want to make in regards to health care such as home health care or nursing home options, it is a good idea to seek an advocate. Elder law attorneys can help serve as a middle man and protect your rights. Just know that if you wish to stay at home when it comes to home health care you do have that right and no one can take it from you!

Filed Under: Lifestyle

Advice for Caregivers of the Elderly

Being a caregiver to an elderly person can be extremely difficult and really try your patience. These are people that you love and care about a lot and they can sometimes be difficult in cooperating and listening to what they should be doing. No one feels the frustration more then a caregiver that is with that loved one at all hours of the day.

Many caregivers suffer from what is called caregiver syndrome. This is where the care of the person you are caring for is so much that you forget to take care of yourself and are a bit overwhelmed.

Luckily, there are ways that you can prevent yourself from suffering from this type of syndrome. Here are some tips and advice for caregivers to make sure that they are being taken care of just as must as the person they are taking care of.

Make sure to ask for help. There are many services that offer caregivers breaks and they will gladly watch the one you are caring for. This is important as it gets you out and about and able to care for yourself a bit.

Your Health is Important. Many sure you go to the doctor and take care of your own health and well being as it’s just as important as the one you are caring for.

Take breaks. You don’t need to sit over the person 24 hours a day make sure you take breaks and breathers for yourself. This will allow you to not become so frustrated as the day goes on and will making caring for the person a lot easier.

Admit when it is too much. Many people don’t want to admit that the caring of the loved one is too much. This can lead to feelings of resentment and stress. Don’t feel bad if you need to ask for help it’s natural.

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