Legal Concerns for Caregivers

Having control over health care and financial decisions is something most older persons probably took for granted when they were younger. If they become impaired, however, they may not be able to exercise this control. For their peace of mind and that of their adult children, older people can establish their preferences before problems occur, through a variety of legal documents. It's also much easier to speak about these issues before there is a crisis.

What You Should Know
While each family's situation is unique, there are some legal steps and products parents and their adult children may want to consider.

Banking Access
Parents may make an adult child a joint owner of their bank and other accounts so that he or she is authorized to act for them in an emergency.

They can also appoint someone as joint renter, deputy, or agent for their safe deposit box.

Durable Power of Attorney
This legal document gives one or more people the authority to handle finances, property, or other personal matters in case a parent becomes incapacitated. It is considered a better protection than a simple power of attorney, which does not remain in effect when incompetence occurs.

Without a durable power of attorney, an adult child will need to be appointed a guardian by the court in order to manage a parent's affairs. This is much more expensive than having a durable power of attorney already in place, and it is an extreme measure that removes all legal rights of the older person.

Living Will
More limited than the health care power of attorney, this document directs the doctor to withhold, withdraw or refrain from starting life-sustaining treatment should a person be diagnosed with a terminal condition and become unable to state his or her preferences.

Many legal experts believe that a living will is necessary even when parents have created a power of attorney. Adding this document helps the child or other agent make difficult decisions and improves the likelihood that the doctor will follow the parent's wishes.

Helping Your Parents Take Action
There are things you can do to help your parents address these important health and legal issues. The points that follow can get you started.
Discuss the legal protections described above with your parents. Find out if they have these documents. If they're unfamiliar with them, you may want to gather more information to help them decide what they need.

Find a good lawyer. If your parents don't already have a trusted lawyer who can handle estate planning and the other elder law issues discussed, this is a key first step.

The local Bar Associations provide referral lists to attorney with experience in Elder Law. The Older Americans Act also helps to provide some legal services through area Legal Aid Societies and Senior Centers. Friends and other contacts can give you names, and organizations listed below can provide leads.

Cleveland Bar Association	216-696-3525
Legal Aid Society of Cuyahoga County	216-687-1900
Geauga County Bar Association	440-286-7160
Geauga Dept. of Aging Legal Services	216-285-2222 ext. 5520
Lake County Bar Association	440-352-6044
Legal Aid Society of Lake County	440-352-6200
Mentor Senior Center Legal Services	440-255-3985
Lorain County Bar Association	440-323-8416
Legal Aid Society of Lorain County	440-323-8240
Medina County Bar Association	330-725-9797
Community Legal Aid Services (Medina)	800-323-2154

Ask questions.
Will the attorney provide a free initial consultation?

How much experience does he or she have in the issues you care about?

Can you get references?

Who will work on the documents - just the attorney or others in the firm?

What will be all the fees and expenses?

When will the attorney be available for meetings?

Talk to your parents about financial protection measures. Consider the following.

Know where to find personal and financial documents in an emergency.

Ask to be notified by companies if parents miss bill payments. Most utility companies offer "Third Party Notification" which will notify you if your parents receive a shut off notice for gas or electric services.

Suggest that your parents switch to direct deposit for Social Security and other benefit checks.

Share financial information and responsibilities with family members, especially caregivers.

Help your parents work through the often sensitive issues involved in making these decisions. Ask pertinent questions.

Whom do you want to make financial or medical decisions on your behalf?

Do you know what you want done with your property after your death?

Are there life-sustaining treatments you would or would not want if you had a terminal condition?

If you had a choice, where would you want to die?

Help your parents take steps to increase the likelihood that their advance directives will be followed.

Talk with the doctor before and after creating an advance directive to get input for issues to consider and to ensure that the doctor feels comfortable carrying out the directives.

Talk to family, friends, and spiritual advisors about the decisions.

Make sure that the documents follow the legally correct format for your parents' state. Each state has its own requirements.

Make sure everyone who may need to know about the documents is aware of them, including family, friends, spiritual advisors, nursing homes, and hospitals.

Make copies of the documents and give them to doctors and agents.