Estate Planning for the Elderly Essay

Getting older can be difficult, especially when ill health requires transitioning to a long-term care facility. However, this significant life event can be made more agreeable when everyone involved knows exactly what to expect. Thanks to 30 years spent serving aging clients all over Northern Kentucky, attorney Matthew L. Darpel PSC knows that the right support is crucial. That’s why his firm strives to provide dedicated legal guidance on elder law issues that affect local senior citizens.

On a living will, an individual can express if they would prefer not to be resuscitated or if they don’t want to be living artificially on life-support. Additionally, living wills establish a written declaration of a power of attorney, establishing a person who may legally speak on behalf of a patient who is unable to do so. Living wills are crucial pieces of documentation that are necessary for the dignity and wishes of a person who may fall unexpectedly into a life-threatening condition. If a person does not wish to live artificially on life support, a living will may be the only documentation that can secure their right to die with what they choose to be a dignified death. Unfortunately, living wills are not too common, resulting in countless Americans whose lives are extended long after they wish to live. In order to get a living will, one can either hire an attorney and have the attorney draft a living will or there are templates available that can be filled out and submitted for notarization.

In 1965 the first Aging American’s Act was passed. This legislation was part of Lyndon Johnson’s Great Society reform. In passing this legislation nearly 50 years ago, the government created a new department the focused on the rights and needs of the gaining population called the United States Administration on Aging. The original legislation was complete with seven titles. The articles include Title I—the Declaration of Objectives for Older Americans; Title II—Establishment of Administration on aging; Title III—Grants for state and community programs on aging; Title IV—Activities for health and independence, and longevity; Title V—Community service senior opportunities act; Title VI—Grants

Figure 1 displays each state within the United States and which form of advanced directive they have adopted into their individual state’s laws. Utah is one of twenty-eight states which have implemented an advanced health care directive with both a living will and a durable power of attorney for health care. In the state of Utah advanced health care directive is defined as “a designation of an agent to make health care decisions for an adult when the adult cannot make or communicate health care decisions; or an expression of preferences about health care decisions” (le.utah.gov). Agent is defined as “a person designated in an advance health care directive to make health care decisions for the declarant (le.utah.gov).” An individual has the right to not appoint and agent on Utah advanced health care directive forms as well (le.utah.gov).

Advance directive structures vary from state to state, but all include two distinctive parts: health care treatment directive and the durable power of attorney (Later & King, 2007). The health care treatment directive is defined as a listing of procedures that the patient may choose to be completed in the preservation of their life or to not be done (Halpern et. all, 2013) Areas that are covered within this section include cardiopulmonary recessitation (CPR), and intubation CPR is used within the health care system as an intervention that is used when the patient’s heart stops. Labeled as do not

In a world of advancing healthcare, it is important to keep the patient’s dignity and autonomy as the focus of practice. One way to further patient centered care is the implementation of advance directives. Advance directives are written wishes or instructions relating to an individual’s extent of care when they are unable to communicate themselves. (Galambos, 1998). This written document is recognized under State law and should be recognized and honored by healthcare providers while caring for the patients. Two of the most common forms of advance directives include a living will or durable power of attorney for healthcare. It is common during a hospital admission for a patient to be presented with a living will, or a checklist of medical interventions the individual is willing or unwilling to accept (Mahon, 2011).

With the revocable living trust, Claire will be able to have her assets put in the trust, and in the future, if she becomes incapacitated, then her trustee can manage things for her, instead of her beneficiaries, or a guardian of the court. A revocable living trust will also allow upon death, privacy of Claire, her beneficiaries and her property. If the revocable trust is designed to become irrevocable upon death it will benefit the beneficiaries in ways that they can design and put several irrevocable trusts in place to protect them and other beneficiaries (Garber, 2017). Claire’s son John, could possibly contest this Living Trust since he is a beneficiary, however if the planner accurately followed State laws, physician assessment guidelines, and uses careful design, chances that John could successfully contest would be slim. John could also contest the Will or the Living Trust if he feels that her capacity level was not accurately assessed during the time of designing and signing the legal documents, hence the reason for witness testimonies along with their signatures to safeguard from such challenge (Garber,

This is a legal document which will name the person or persons she would like to make decisions for her. This can be made to be used only when she has lost mental capacity. She can choose one or more people, with agreement needing to be met on any decisions by all, or areas where independent decisions can be made to safeguard herself. Grace should make two LPA’s one for finances and one for personal welfare. This will mean not only will her bills be looked after, but she will also be able to control all aspects of her life should she loose mental capacity. The place she lives can form part of the LPA but also Grace should be advised to add instructions for her day to day living such as the food she likes, the clothes she favours and leisure activities she prefers, alongside her decision towards medical treatment towards the end of life. (Office of the Public Guardian, 2016). It should be explained to Grace that she is not handing control of her life over, The Mental Capacity Act (MCA) 2005 provides protection for both herself and the attorney. The MCA (2005) s.1 assumes individuals have capacity, Grace will not be treated as unable to be involved in a decision unless all attempts to help her become involved have been unsuccessful. All decisions made by the attorney must be in Grace’s best interest according to the instructions written in the LPA. Grace should be

From working in long-term care settings for over two years, I have learned a lot about the importance of establishing a durable power of attorney for healthcare. I have seen how hard it is for family members to follow their loved one’s wishes at time. I have seen how loopholes can make it possible to not respect some one’s wishes. I have seen how difficult it is on both parties to write and follow this one simple form. When I saw this assignment, I thought about how important this document is, but also how difficult it can make things. Though I do not foresee needing to have this form now, it made me realize how quick and unexpectedly things can change and I am glad I filled one out and discussed it with those close to me. While I am glad I did it, I was surprised by how difficult it was to understand parts of the form, and once I understood them, how hard it was to make decisions on them.

Life happens, and we can't stop accidents, illnesses, and aging from happening. We don't want to think about these things, but they are something we need to address. If something happens and you are unable to tell your doctors what type of medical treatment you want, or you can't manage your financial affairs while you are in the hospital, what would you do? This is where the power of attorney comes in. The medical and financial powers of an attorney can make your life easier for both you and your family if things get hard.

There are several situations that might require a medical power of attorney for an individual. For example, a person might not have the ability to act for themselves in certain medical situations or make decisions concerning a medical emergency. Generally, the individual selects a person, before the emergency arises, to act in their place, making important medical decisions concerning their health or well being. A medical power of attorney form is a form that is filled out to authorize another individual to act in their place.

There are two fundamental documents which need to be executed during my life to ensure I receive the kind of healthcare I want if I was ever incapacitated. Both the living will and a durable health care power of attorney for health care will allow me to choose someone I trust to make certain medical choices on my behalf. The first is commonly called a living will. A living will allows me to instruct physicians and health care providers about the kind of health care I desire and do not desire if I am unable to tell them myself. The second document sets out who has power of attorney for my health care decisions, with the purpose they may answer questions in which may not be addressed by my living will. A living will and DPOA will give me relief

There is no doubt that many elderly individuals will eventually need assistance with managing their finances, which includes making purchases on their behalf. Thus the older adult may provide their caregiver with cash, cheques and in some cases they may implement a power of attorney. Essentially, powers of attorney grant considerable power to named individuals, over both finances and property. Unfortunately, over time what evolves is an over spending of the older adults money solely benefiting the caregiver, moreover, these caregivers begin to develop a sense of entitlement (Gibson & Honn Qualls, 2012, p. 27). When considering financial abuse committed by strangers, many simple scams against older adults have surfaced over the years. For example, individuals may offer handyman services, recognizing that many older adults struggle with chores such as exterior window washing. However once paid, the individuals do not return to complete the job. It is interesting to note that of all reported elder abuse cases, financial abuse makes up more than half of all complaints (Friese & Collopy, 2010, p. 60).

We all are currently aging. We live in an again paradox. But, it is what we choose to do with our time while we have it that counts the most. As a young adult, and before this class I was very unaware of the importance of planning your retirement as early as possible. There are many things that go into planning for a successful retirement. Such as, but not limited to: Where will I choose to live? What will I do to stay mentally active? Or even, when will I choose to retire. In this paper, I will go over a plethora of aspects for my personal plan for aging.

Planning for retirement should not be based on Social Security alone, but rather by saving portions of personal earned wages and putting finances into long-term investments. Depending on Social Security as the only income after retiring is an unsafe and undependable way to prepare for retirement. People who contribute to Social Security are mandatorily putting money into the Social Security Reserve; this money is used for older generations that will file for these benefits before the younger people working, in the early 21 century, ever receive a chance. Money controlled by other’s hands will never be a guarantee for a secure future, yet money saved by an individual to put toward personal goals will reward greatly. By taking the time to