20- Jul2016
Posted By: Tony Fischer

When Developing A Senior Care Plan, Don’t Forget Elder Law

Legal documents are often left out of a senior care plan, yet they are just as important as the medications people take.  In fact legal documents allow the senior themselves to maintain control over their health by appointing a healthcare advocate.  If incapacitated a healthcare proxy can make sure the healthcare decisions of the senior are followed. It is difficult to develop an effective senior care plan without addressing both the logisitic and elder law issues. You can have the most detailed care plan ever written but without the legal authority to enforce it you run the risk of losing control.  Conversely a legal plan that does not address healthcare challenges will also fail to be effective.

Let’s focus on the legal aspect of the senior care plan.  There are a couple of documents that are absolutely vital.

How Does Elder Law Help

Medical Power of Attorney

Strong Medical Powers of Attorney have two parts.  Advanced Directives and a Healthcare Proxy.  An Advanced Directive specifically states what the senior’s healthcare wishes are. They can include everything from directions about types of treatment to Do Not Resuscitate orders. The healthcare proxy designates a person or group of people to make healthcare decisions in case of incapacity.

Financial Power of Attorney

Many think that Power of Attorney documents cover both medical and financial.  While they can address both issues, having separate documents might be more effective.  Strong Financial Powers of Attorney can also be very specific and give specific instruction on how to handle bank accounts and insurance policies. The separation also allows you to appoint a separate people for each task.  That can be important if one family member is more comfortable making medical decisions than financial ones.

Certified Elder Care Attorney: A Member of Our Team

If you have a Power of Attorney in place, nice work you have taken an important step.  If your Power of Attorney documents were prepared a decade ago you may have to have them updated. States often tweak laws regarding power of attorney.  Be sure to check with a Certified Elder Law Attorney to make sure your legal documents do what they are supposed to do.


Tony Fischer

As an advocate for elders and their families, Tony has experience in the entire healthcare continuum. He has worked in hospitals, nursing homes, home care, hospice, and non-profits.

His vast and unique experience led him to become a consultant that helps clients navigate the senior healthcare system. Tony also works hand and hand with healthcare providers to improve and streamline customer service.