Ideally, care planning and advocacy is fully coordinated with the client’s legal and financial needs.  Holistic planning often incorporates involvement with the client’s support or care network – family members, trusted advisors, care providers and others.  The overall goal is to meet the client’s broad range of needs, including the social, psychological, medical care, and financial needs, as well as the client’s legal needs. 

ESTATE PLANNING FOR THE OLDER CLIENT

Advanced planning, including the use of financial and medical powers of attorney, can help the client avoid the need for court intervention, loss of privacy and dignity, and save time, money and emotional stress.  Further, advanced planning, such as the use of a Revocable Living Trust or Will, may also give the older client peace of mind to know that the client’s estate will be properly managed during incapacity and distributed at death.

A Durable Power of Attorney is used to give authority to an Agent to act on the client’s behalf with respect to finances and legal decisions, avoiding Probate Court.  A Durable Power of Attorney can be effective immediately or it can be designed to go into effect when the client becomes disabled.  It is important to note that special powers, such as the powers necessary to assist the client in qualifying for government benefits, are typically only included in the ElderCare Durable Power of Attorney. 

A Power of Attorney for Health Care (Patient Advocate Designation, Living Will) is designed to empower a Patient Advocate to help to carry out health care, personal care and end-of-life medical decisions for the patient when the patient is no longer able to make those decisions.  Recent changes in Michigan’s Patient Advocate statute now make it possible for a designated agent to assist with mental health care and treatment.  Any prior planning should be reviewed since it will not provide for this additional protection.  Without such authority, the Patient Advocate will need to go to Probate Court instead of managing this privately.

HOLISTIC SPECIAL NEEDS PLANNING

As a parent or sibling of a person with special needs, planning is essential for peace of mind.  Such planning helps assure a continuum of care and quality of life for a person with special needs even when loved ones are no longer able to provide care.  Special needs planning involves includes creating special needs trusts to preserve access to government benefits and advocating for full benefits and services for the person with special needs in order to maximize his or her quality of life and quality of care.  By proactively planning to maintain government benefits, you often maintain control, avoid risk of losing benefits and supplemental resources, and may keep your family’s affairs private by not requiring the involvement of the Probate Court.  Further, such planning is designed to help empower an existing support network and, when needed, to put effective community supports in place.

CARE ADVOCACY

Care advocacy is a process dedicated to ensuring the highest quality of life and quality of care possible.  This type of advocacy directs the focus of the planning on retaining dignity and respecting the individual’s unique needs.  This is an important part of the holistic planning model because it employs the professional training and skills of care advocates.  These care advocates may have training in social work, law, gerontology, or Medicare and Medicaid beneficiary rights.  Most importantly, each care advocate has expertise in navigating the maze of care services.  The primary objective of the care advocate is to help assure that the person in need receives the care and support he or she is entitled to whether at home, in assisted living, nursing home or hospital.

Contact Sandy toll free for your free consultation at 1-866-699-1800, or online at www.theeldercarelawfirm.com.