When Dementia Strikes, Who Makes The Decisions?

May 07, 2012  /  By: Pamela Potter, Estate Planning Attorney  /  Category: Estate Planning, Health Care Documents, Incapacity Planning

Being aware of the challenges that often confront senior citizens is important when you are planning for the eventualities of aging. Along these lines, you should know that the segment of the population that is 85 years of age and older is growing faster than any other. And given the capabilities of medical science, we expect lifespans to continue to expand.

When you reach an advanced age, you become more vulnerable to Alzheimer’s disease. As you probably know, Alzheimer’s causes dementia; and this can strip you of your ability to make sound medical, financial, and personal decisions.

Who would make decisions for you if you were to become unable to make them for yourself? The answer is that it all depends on whether or not you plan ahead intelligently.

If you make no plans to assert your own wishes, you could become a ward of the state and the court could appoint a guardian to make decisions on your behalf. This guardian may not be the individual that you would have selected if you had made the choice when you were of sound mind.

On the other hand, you can plan ahead by executing durable powers of attorney. With these documents you include the selection of attorneys-in-fact who would be empowered to handle your affairs in the event of your incapacitation. In addition, a disability contingency could be included in a revocable living trust to provide further protection.

Incapacity planning is an important component to any holistic plan for aging. If you have not yet addressed this matter, take action right now to arrange for a consultation with a Northern KY estate planning lawyer.

The Potter Law Firm is a member of the American Academy of Estate Planning Attorneys.

Have You Considered Becoming An Organ Donor?

Apr 20, 2012  /  By: John Potter, Estate Planning Attorney  /  Category: Estate Planning, Health Care Documents, Health Care Documents

There was a time when you could be provided with a certain diagnosis by your doctor that was equivalent to a death sentence, but these days medical science is capable of some amazing things. Certain failed organs can be transplanted, and thousands of lives are saved every year through successful transplant surgeries.

One of the primary challenges lies in the fact that there are always more people in need of transplants than there are available donors. With this in mind, when you are contemplating your legacy you may want to consider the possibility of becoming an organ donor. You could potentially save a life or even multiple lives and perhaps further the cause of medical science in some way.

As you are crafting a comprehensive estate plan you should include advance health care directives such as a living will. With these documents you state your preferences regarding medical procedures that you would accept and those that you would prefer to deny should you be unable to communicate at some point in time.

When you are working with a Northern Kentucky estate planning lawyer, make sure to include in your living will your choice to become an organ donor if you wish.

To learn more about organ donation and even sign up to the organ donor registry, you can simply click here: Donate Life Kentucky.

The Potter Law Firm is a member of the American Academy of Estate Planning Attorneys.

3 Absolutely Essential Health Care Documents

Mar 04, 2011  /  By: Pamela Potter, Estate Planning Attorney  /  Category: Health Care Documents, Incapacity Planning

So long as you are able to make your own health care decisions, you will continue to do so.  But, if there comes a time, and there usually does, when you are not able to make health care decisions on your own, it is imperative that you have these 3 absolutely essential health care documents.

1.  A medical power of attorney is essential

The medical power of attorney is a power of attorney for a specific use — granting consent to medical treatment.  You appoint a health care agent to act on your behalf and make decisions about which doctor, procedure, hospital, nursing home, etc is in your best interest.

It is wise to name successor health care agents in the event that your named agent is unable or unwilling to act on your behalf.  For example, you might both be injured in a car accident.

Choose a health care agent who cares about you and who can be appropriately assertive when communicating with medical staff.

2.  A HIPAA release is essential

Because of federal privacy laws, a HIPAA release is an absolutely essential health care document.  By signing a HIPAA release, you are authorizing medical professionals to communicate with your named health care agents.

3.  A living will is essential

If you want to avoid heroic measures and being hooked up to machines to artificially extend your life, a living will is an essential health care document.

The living will is effective at the very end of life and you are in an irreversible coma, persistent vegetative state, or otherwise terminal.

Organ donation form

An organ donation form may not be essential to you, but if you’re like most people, you want to contribute your organs to save lives.  In fact, you could save eight lives.

Organ donation never hastens your death and does not scar the body for funeral purposes.  You can still have an open casket funeral if that is your wish.

If you have questions about these 3 essential health care documents, consult with a qualified estate planning attorney.

The Potter Law Firm is a member of the American Academy of Estate Planning Attorneys.