Top 5 Questions about Powers of Attorney
Powers of attorney are an effective estate planning tool but the attorneys at Garrity & Gossage often field questions about powers of attorney. The questions we are most often asked are below.
1. Are there different kinds of powers of attorney?
Yes. You should have a Health Care Power of Attorney to designate the person or persons who will make health care decisions for you if you are unable to communicate those decisions to your doctors. Thanks to increased privacy laws, many doctors will not even consult your spouse or your children unless you have a Health Care Power of Attorney on record with the doctor first.
You should also have a Durable Power of Attorney to name someone to make financial decisions for you if you are unable to do so for yourself.
2. What is a springing power of attorney?
A Springing Power of Attorney goes into effect when your doctor - either a doctor of your choosing or your attending physician - determines that you are no longer able to manage your own affairs. Not all powers of attorney are springing.
3. Who should have copies of my powers of attorney?
You should give copies of your Health Care Power of Attorney to your agents (the people you named to make decisions for you) and to your doctors. You should give copies of your Durable Power of Attorney to your agents, but you might also want to provide copies to your bankers, financial planners and accountant.
4. Does a power of attorney have to be filed at the courthouse?
Your Health Care Power of Attorney does not have to be filed at the courthouse, though you might want to consider registering it with the North Carolina Secretary of State to allow your family and doctors to access it easily in an emergency. Information about the Secretary of State's program can be found at Advance Directive Registry.
Your Durable Power of Attorney does not have to be filed with the court but should be filed with the Register of Deeds of your county.
5. What happens if I don't have powers of attorney?
If you become incapacitated, whether because of an illness or an accident, someone will have to step in to make decisions on your behalf. If you have not signed powers of attorney, the next option is to ask the court to appoint a guardian or guardians to manage your health care and your finances. Because the court must first declare you incompetent, the guardianship proceeding tends to be very emotional for your family and, of course, can become costly. The easier, less expensive approach is to execute powers of attorney now to save your family the emotional distres and financial burden later.
Tuesday, September 8, 2009
Thursday, September 3, 2009
Protect other persons in the home
• The sick person should not have visitors other than caregivers. A phone call is safer than a visit.
• If possible, have only one adult in the home take care of the sick person. *People at increased risk of
severe illness from flu should not be the designated caretaker, if possible.
*http://www.cdc.gov/flu/about/disease/symptoms.htm
• If you are in a high risk group for complications from influenza, you should attempt to avoid close
contact (within 6 feet) with household members who are sick with influenza. If close contact with a sick
individual is unavoidable, consider wearing a facemask or respirator, if available and tolerable. For more
information, see the *Interim Recommendations for Facemask and Respirator Use.
*http://www.cdc.gov/h1n1flu/masks.htm
• Avoid having pregnant women care for the sick person. (Pregnant women are at increased risk of
influenza-related complications and immunity can be suppressed during pregnancy).
• Avoid having sick family members care for infants and *other groups at high risk for complications of
influenza. *http://www.cdc.gov/flu/about/disease/symptoms.htm
• All persons in the household should clean their hands with soap and water or an *alcohol-based hand
rub* frequently, including after every contact with the sick person or the person’s room or bathroom.
*http://www.cdc.gov/h1n1flu/qa.htm#antibacterial
• Use paper towels for drying hands after hand washing or dedicate cloth towels to each person in the
household. For example, have different colored towels for each person.
• If possible, consideration should be given to maintaining good ventilation in shared household areas
(e.g., keeping windows open in restrooms, kitchen, bathroom, etc.).
• Antiviral medications can be used to prevent the flu, so check with your health care provider to see if
some persons in the home should use antiviral medications.
• If possible, have only one adult in the home take care of the sick person. *People at increased risk of
severe illness from flu should not be the designated caretaker, if possible.
*http://www.cdc.gov/flu/about/disease/symptoms.htm
• If you are in a high risk group for complications from influenza, you should attempt to avoid close
contact (within 6 feet) with household members who are sick with influenza. If close contact with a sick
individual is unavoidable, consider wearing a facemask or respirator, if available and tolerable. For more
information, see the *Interim Recommendations for Facemask and Respirator Use.
*http://www.cdc.gov/h1n1flu/masks.htm
• Avoid having pregnant women care for the sick person. (Pregnant women are at increased risk of
influenza-related complications and immunity can be suppressed during pregnancy).
• Avoid having sick family members care for infants and *other groups at high risk for complications of
influenza. *http://www.cdc.gov/flu/about/disease/symptoms.htm
• All persons in the household should clean their hands with soap and water or an *alcohol-based hand
rub* frequently, including after every contact with the sick person or the person’s room or bathroom.
*http://www.cdc.gov/h1n1flu/qa.htm#antibacterial
• Use paper towels for drying hands after hand washing or dedicate cloth towels to each person in the
household. For example, have different colored towels for each person.
• If possible, consideration should be given to maintaining good ventilation in shared household areas
(e.g., keeping windows open in restrooms, kitchen, bathroom, etc.).
• Antiviral medications can be used to prevent the flu, so check with your health care provider to see if
some persons in the home should use antiviral medications.
Tuesday, September 1, 2009
Home Care Today– Growing Options and Risks
With an estimated 4.2 million Americans currently over age 85, an expected 78 million baby boomers to reach age 65 by 2030; almost 25% of Americans in the process of dealing with elder/care issues, it is no surprise that the home care industry is exploding.
Growing Options
It's not easy to become elderly or a parent to your parent(s). The “Sandwich Generation”, those sandwiched between aging parents and their own children, face a number of key areas, critical to elder care; aging, legal, medical, financial and living arrangement issues. Support from an in home caregiver can help to assist with the activities of daily living, while providing companionship, whether it is your own child, spouse, sibling or an aging parent.
The type of home care service needed depends on several factors: mental/ physical health condition, support from family or friends, residential location, availability of finances. Financing may be long term care policies, money from a trust, state funded programs, insurance, Veterans aid and attendance benefit or private pay. Licensed home care agencies provide qualified caregivers such as companions, certified nursing assistants, nurses and rehabilitation therapists. Their services cover: activities of daily living, nursing/wound care; rehabilitation, case management, pre/post operative care, errands, etc. In addition to elder care, services can include pre/post operative care, new moms and multiples support, short term disability and illness. For employers, some agencies offer packages to help save on lost time/revenue as a result of employees forced to miss work to care for sick parents and/or their own children. Imagine the comfort and peace of mind knowing your loved one is in good hands whether you live near, with or far from your loved one.
Risks
With many home care agency choices, all making the same promises, it is critical to carefully select your agency. Unfortunately, not all are honest and ethical. We recommend you ask to see the policy on orientation, screening, testing and supervision. NAHC, The National Association for Home Care and Hospice, is a great resource in each state.
A Question of Quality and Ethics
Home care is a very personal choice and can be an invaluable service. Too often, we are witness to heart wrenching cases where neglect, abuse, theft and lawsuits have occurred as a result of families trying to save money by privately hiring their own caregivers.
Like any other service, you pay for what you receive. So, if someone is offering to buy items to gain or keep your business, question their ethics. Peace of mind is worth the price. Call and interview agencies. Ask for references. Take your time and be sure that you feel a connection with them. Visit their office. Trust and confidence in your agency, its internal staff and its caregivers is critical. Make informed decisions based on your own research. After all, they spend a great deal of time in the home, and truly become an extension of your family!
Leading Education & Ethics in Charlotte and Across the Country
Serena Brock - nationally recognized entrepreneur/speaker and focuses on the importance of the synergistic relationship between attorney’s, financial planner’s and home care owner’s supporting the fast growing baby boomer population. An advocate for children/seniors, she currently is a member of the North Carolina Association for Home and Hospice Government Affairs Committee, the North Carolina Guardian ad Litem Foundation and the World Orphans Day, Global Click Campaign. Brock lends her expertise to several national organizations including the National Private Duty Home Care Association, Medicaid Practice Systems, Elder Law Answers and The National Network for Estate Planning Attorneys.
Growing Options
It's not easy to become elderly or a parent to your parent(s). The “Sandwich Generation”, those sandwiched between aging parents and their own children, face a number of key areas, critical to elder care; aging, legal, medical, financial and living arrangement issues. Support from an in home caregiver can help to assist with the activities of daily living, while providing companionship, whether it is your own child, spouse, sibling or an aging parent.
The type of home care service needed depends on several factors: mental/ physical health condition, support from family or friends, residential location, availability of finances. Financing may be long term care policies, money from a trust, state funded programs, insurance, Veterans aid and attendance benefit or private pay. Licensed home care agencies provide qualified caregivers such as companions, certified nursing assistants, nurses and rehabilitation therapists. Their services cover: activities of daily living, nursing/wound care; rehabilitation, case management, pre/post operative care, errands, etc. In addition to elder care, services can include pre/post operative care, new moms and multiples support, short term disability and illness. For employers, some agencies offer packages to help save on lost time/revenue as a result of employees forced to miss work to care for sick parents and/or their own children. Imagine the comfort and peace of mind knowing your loved one is in good hands whether you live near, with or far from your loved one.
Risks
With many home care agency choices, all making the same promises, it is critical to carefully select your agency. Unfortunately, not all are honest and ethical. We recommend you ask to see the policy on orientation, screening, testing and supervision. NAHC, The National Association for Home Care and Hospice, is a great resource in each state.
A Question of Quality and Ethics
Home care is a very personal choice and can be an invaluable service. Too often, we are witness to heart wrenching cases where neglect, abuse, theft and lawsuits have occurred as a result of families trying to save money by privately hiring their own caregivers.
Like any other service, you pay for what you receive. So, if someone is offering to buy items to gain or keep your business, question their ethics. Peace of mind is worth the price. Call and interview agencies. Ask for references. Take your time and be sure that you feel a connection with them. Visit their office. Trust and confidence in your agency, its internal staff and its caregivers is critical. Make informed decisions based on your own research. After all, they spend a great deal of time in the home, and truly become an extension of your family!
Leading Education & Ethics in Charlotte and Across the Country
Serena Brock - nationally recognized entrepreneur/speaker and focuses on the importance of the synergistic relationship between attorney’s, financial planner’s and home care owner’s supporting the fast growing baby boomer population. An advocate for children/seniors, she currently is a member of the North Carolina Association for Home and Hospice Government Affairs Committee, the North Carolina Guardian ad Litem Foundation and the World Orphans Day, Global Click Campaign. Brock lends her expertise to several national organizations including the National Private Duty Home Care Association, Medicaid Practice Systems, Elder Law Answers and The National Network for Estate Planning Attorneys.
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