As a member of the National Private Duty Association, Home Instead Senior Care in Ocala is able to participate in a wide variety of informational programs. The NPDA has been sponsoring an ongoing webinar series that provides information for families which highlight issues that are designed to help families with a wide variety of challenges. The most recent program discussed legal issues that impact seniors.? Here is an overview of this webinar program. My notes will provide some very useful information which will be helpful to begin the process of discussing these issues with family members and seniors.
First and foremost it is important to obtain legal advice from a competent Elder Care Attorney. The legal issues that impact seniors are very complex today and families should be working with an attorney that specializes in this area. Don?t be afraid to ask questions and be sure to be comfortable with whoever you select. In Ocala, FL there are several very good Elder Care Attorneys.
Some to the key issues to consider are:
General Legal Issues.? Today seniors face a wide variety of issues regarding health care, financial planning, moving from the home to assisted living or nursing care. The questions include: What to do when one spouse might be moving to a nursing community with the other may remain at home. How to afford care and plan for future needs? What is the impact of Medical and Long Term Care Policies on both health and finances?
In Ocala, many families do not live near their senior family members and face geographic challenges. How are these obstacles overcome? ?Finally how to select and manage home care for seniors is a challenge for families.
Informed Consent.? The key point here is who should make decisions for a seniors and also what kind of decision can be made. The options include naming a Power of Attorney or a Guardianship. The Power of Attorney allows a family member to act on behalf for the senior in order to address specific issues including both financial and health related decisions. Guardianship allows family members to make decisions when the senior is not able to act on their own. Guardianships can be put into place when a senior is clinically not competent to make decision on their own. The four main considerations are:
- Does the senior have the cognitive ability to make decisions?
- Does the senior fully understand the choices.
- Is the senior able to fully communicate regarding the choices and indicate preferences.
- Is the senior making these decisions voluntarily?
An individual can be named a guardian for individual personal affairs or for over the estate?s affairs. A physician?s report is required for a guardian to be named which indicates that the individual is not able to make decisions.
The advantages of a Guardianship are:
- Protection for the individual who is not able to make decisions.
- Decisions can now be made when needed.
- Assets are protected.
The disadvantages are:
- The Guardianship is a public proceeding.
- Annual reporting in required.
- Court costs are involved.
Advanced Directives
It is important for seniors to have a Power of Attorney in place. This is a voluntary act which can be cancelled or changed at will. Power of Attorney agreements can be set up for both Health and Property decisions. The senior must have the capacity to approve the agent in order to establish this agreement. The senior should also spell out in detail his or her wishes in the event that they are not able to communicate what they would like carried out under specific situations.?
?Wills and Trusts
Every senior should have a will in order to outline and determine the individual?s wishes after death.? A trust should also be set up in order to avoid probate.? A Will and Trust should be set up with a competent attorney.
?The Issue of Self Neglect
I have encountered this issue with seniors quite frequently in Ocala. ?Many times a senior is not willing to make the decisions required in order to insure his or her safety. It is important when self neglect is encountered to contact family members and if necessary, The Department of Children and Families or Adult Protective Services.
This is obviously a very basic and brief overview. I would highly recommend contacting an elder care attorney in order to discuss and review all of these issues. Hopefully this as served as a thought starter.? In Ocala, our Home Instead Office works with several competent elder law attorneys. Remember to ask questions when you speak with an attorney.? Ask about experience and costs before deciding to work with any professional.
Other resources include:
AARP:? www.aarp.com
Alzheimer?s Association: www.alz.org
National Academy of Elder Care Attorneys: www.naela.org
Family Caregiver Alliance: www.caregiver.org
National Family Caregiver Association: www.nfcacares.org
National Private Duty Association: www.privatedutyhomecare.org
Finally, remember that our Home Instead Senior Care?office can help keep a senior safe at home with Non-Medical Care. Our CAREGivers are all our employees.? Each passes a Level 2 FBI electronic background check, an FDLE?background check, a seven-year social security skip trace check, sexual predator and Motor Vehicle check.? Finally each passes a pre employment drug and alcohol screen.
As the owners of the company, Mary and I meet with and know all of our clients and CAREGivers.? Mary conducts regular visits to our clients and CAREGivers during working hours. We work directly with the Families of our Senior Clients and are available 24/7.? Mary and I or an office staff member always answers the phone.
Our website is www.homeinstead.com/612 and our office number is 352-622-6447.
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Source: http://jimsamuelson.wordpress.com/2011/10/09/addressing-legal-issues-that-impact-seniors/
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