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Take Care of POA, Living Wills BEFORE the Need Arises

Posted by Nina Whitehurst | Mar 12, 2019 | 0 Comments

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The need for caregiving often comes about unexpectedly.

People often think they should make arrangements for a Power of Attorney or living will but unfortunately the need arises suddenly resulting in a challenging situation, according to Expert Click in “How to Get Power of Attorney for Aging Parents.

A medical power of attorney permits another individual to make medical decisions when a person is unconscious or unable to make a medical decision. Other documents that are often completed in a hospital setting are the MOLST (Medical Order for Life Sustaining Treatment) or POLST (Physician Orders for Life-Sustaining Treatment). This is also often the time the adult child is asked if there is a living will.

Both the living will and the medical and financial powers of attorney should be created and executed well in advance of the emergency trip to the hospital. However, unfortunately, this is not always the case.

Planning for unexpected medical situations by having the powers of attorney and living will in place in advance is better. Even young people need these documents, since accidents happen.

The problem of having these documents for elderly people is that they are sometimes resistant to having them created. You may need to have more than one discussion before they agree to complete the forms. While you are working on getting these documents for your parents, have them prepared for yourself and for your adult children.

No one plans to become sick or to be in an accident. However, the reality is, even if we are lucky enough to avoid accidents or illness, we all age. By having these documents in place, we can be assured that when help is needed, decisions can be made by someone you choose.

The power of attorney and living will require more than just signing off on a piece of paper. They need to include the person's understanding of what the documents mean, finding the right person to appoint and discussing the medical and financial desires of the person so the power of attorney agent agrees to fulfill that person's wishes and has no qualms about following their directions.

Sometimes the person named on these two important documents is not a family member, but a respected and trusted friend or even a professional. Family members are often overcome by emotion at the time of a medical crisis, and are unable to make critical decisions. You know your family best: will they be able to act in a time of crisis? If not, you'll want to name someone else in these documents.

We can advise you in creating an estate plan that fits your unique situation and includes medical and financial powers of attorney, as well as a living will.

Reference: Expert Click (Feb. 12, 2019) “How to Get Power of Attorney for Aging Parents.

About the Author

Nina Whitehurst

Attorney at Law Nina has been practicing law for over 30 years in the areas of estate planning, real estate and business law She is currently licensed in Alaska, Arizona, California, Colorado, Oregon and Tennessee. Her Martindale-Hubbell attorney rating is the highest achievable: 5 stars in peer...

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