Epilogue: Guarding Your Rights

Epilogue: Legal Steps You Can Take
Before A Crisis Occurs

My parents' story makes it painfully clear what can happen when no legal advice is sought prior to a life-changing medical emergency. Had they made their wishes known through a legally binding document before their health declined, it is very likely they could have spent their final years at home, as they desired.

The following information is offered as a brief summary of the various legal options available. For the best possible legal advice, seek out the counsel of an attorney who specializes in this often overlooked field...one who specializes in "Elder Care".

***********************************************

Guardianship...A Guardianship, which is what I had over my parents, is necessary in some instances, but is the least desirable option. Why? Because both the courts and the county protective services are heavily involved in the majority of decision making...which often is contrary to the personal wishes of the one who is no longer deemed competent.

Power of Attorney...Far better is a Power of Attorney, in which another person whom you name, is given the power to act in your behalf in the event you are no longer able to handle your own affairs. This gives you the peace of mind to know your wishes are spelled out cleary now, while you have the ability to make those important decisions.

This document can be very specific, detailing how you want your finances or medical issues handled, or it can be very general, allowing the person you name to act in your behalf as he sees fit. Also, once made, it is possible to revoke or amend the powers granted in this document if you desire a change.

Living Will...Another document which is extremely important is a Living Will. This affords you the opportunity to state your preferences about medical care in the event of a terminal illness or serious accident. It allows you to detail what measures you want, or do not want taken, and indicate your wishes about pain relief if that should be an issue. Most people will want to have both a designated Power of Attorney and a Living Will.

Living Trust...A Living Trust is an agreement between you and another party which spells out how your assets, placed in trust, will be managed and distributed if you become unable to care for yourself. Trusts are held in high regard by financial institutions and if your attorney believes it would be advisable in your situation, having one would protect your assets and insure your wishes are carried out regarding them.