An advance directive is a written statement which
expresses a persons wishes in advance in the event of
diminished capacity. Through the use of advance
directives, individuals can avoid guardianships, which
are more costly and intrusive than other elder care
options. Advance Directives include the use of a number
of legal approaches to authorize consent to manage your
affairs when you have become incapable of doing so for
yourself. Elder care is becoming more of an issue these
days with people living longer while remaining disabled.
The following are tools used in Advance Directives for
elder care.
Durable Power of Attorney
A durable power of attorney authorizes the agent the
power to act for the principle who has become disabled
or is mentally or physically unable to enact important
decisions. Under common law, peoples power to act for
themselves would be revoked upon incapacity. With a
durable power of attorney, your attorney-in-fact can
carry out your wishes and in this way your power remains
in force. A durable power of attorney authorizes your
attorney-in-fact to deal with financial issues, which
are mainly money and property.
Health Care Surrogate
A healthcare surrogate has power of attorney to make
essential health care decisions and to authorize consent
for medical and healthcare treatment.
Living Will
A living will is the expression of an individuals wishes
in the event of their passing. Stipulations may include
specifying what type of medical or life-sustaining
treatments are desired in the event of terminal or
serious illness. A living will is not only beneficial
for the executor, but also the family. Knowing what the
loved ones wishes were and that they were followed
relieves the family or caretaker from worrying about
whether they made the correct decisions after a loved
one has passed.
Pre-need Designation of Guardian
A pre-need designation of guardian designates who will
be the guardian should the need for a guardian ever
arise.
Cohen & Best, P.A.,
is well equipped to handle all facets of
advanced directives, as we will assist and
advise you so that the numerous
pitfalls and problems associated with wills, trusts, estate
issues, and probate are avoided.
