Searching for the best caring for aging parents checklist? Something that will also take care of the legal stuff?
You are not the only one!
You see, we all know that caring for aging parents is probably one of the most difficult things at times. We are scared, we are confused. There are so many things that keep happening all the time as our parents grow older.
Due to the increase in the elderly population, a growing number of families are taking on the roles of caregivers so that the people they care for are given the correct care and support.
For instance, the World Health Organization states that by 2050, the number of people aged 60 and above is expected to increase by two times. Yep! That makes the count nearly 2.1 billion.
Now, while it can be scary, let me tell you something! Planning ahead of time is something that can save a lot of your time and effort.
In this article, I will explore the top legal considerations every caregiver should be aware of, so you can address these challenges with confidence and ensure peace of mind for both you and your aging parent.
The ULTIMATE Caring For Aging Parents Checklist You Need Legally!
Here are some of the things that you need to keep in mind when it comes to caring for your aging parents:
Legal Considerations for Decision-Making
One of the most essential legal means for those in a caregiving role is the Durable Power of Attorney (DPOA).
This paper authorizes a person of good character to make not only financial but also health care decisions for an elderly parent in case they should become mentally or physically unable to take care of their own affairs.
A DPOA is intended to remain valid even if the parent loses their capacity, which is very important in situations of caring for a person with such problems as dementia or Alzheimer’s disease.
Should a DPOA not be arranged and a parent lose their capacity, caregivers might find it necessary to get a court order for guardianship, which is a more formal process.
And what does that mean? Well, it means that a DPOA is of utmost importance, particularly in the health sector.
Guardianship vs. Power of Attorney
Decision-making on a parent's behalf can be carried out in a more flexible and less aggressive manner through the use of a Power of Attorney. However, on some occasions, a guardianship may be necessary.
Guardianship is a status given by the court to the caregiver who, during the period in which the parent is declared totally incompetent to manage his own affairs, has the right to manage personal and financial matters of the parent.
We are all aware of the fact that a POA is basically a voluntary act, and the parent can revoke this instrument. However, guardianship is more permanent and requires a court process.
Guardianship might be needed if the parent cannot provide a POA or if there is doubt that the parent has been treated unethically and cannot decide for themselves.
Advance Directives and Living Wills
TBH, as parents get older, it is very important to make sure that their healthcare wishes are upheld and that they have been fully respected, especially in case they are no longer able to make decisions.
Advance directives are basically legal statements of one’s preferences for the medical treatment that the person will receive should he or she get into a state of incapacity.
The directives can be the outline of the instructions regarding life-sustaining treatment, organ donation, and other major decisions.
To be specific, a living will is a certain class of an advance directive. It is a person’s declaration of their wishes about end-of-life care in case they have decided whether they want to be kept on life support or not.
In this regard, as far as caregivers are concerned, it is clear that having those documents ready and signed means they are confident in the clarity of the person being cared for’s wishes and that those wishes will be respected.
End-of-Life Legal Issues
The decisions about death often bring to light big legal questions such as in the case of DNR (do not resuscitate) orders, hospice care, and so forth end-of-life choices.
A DNR order is a medical instruction that indicates to the healthcare providers that they should not perform CPR in the case of a patient whose heart has stopped or who is not breathing.
Generally, this choice is made by the patient or his or her healthcare proxy, and it can be decisive to make sure that the person’s wishes are fulfilled in cases of emergency.
However, a medical and legal matter raised in a family is indeed the one that arises when a loved one.
Hospice care is centered on comfort instead of curing, and deciding on this can be tricky as it may require going through complicated legal matters such as those of eligibility, insurance and consent.
There is a need for caregivers to have discussions with medical practitioners and legal experts, so that they have a clear understanding of the person’s wishes and their legal rights, before proceeding with any decisions.
Financial Legal Considerations
One of the most significant concerns in this area is the risk of financial elder abuse, which involves the illegal or unethical use of an elderly person’s financial resources.
This can occur through fraud, manipulation, or exploitation, often by individuals whom the elderly trust.
Caregivers must remain vigilant, ensuring that all financial transactions are transparent and that the elderly parent’s funds are protected from potential fraud.
Medicaid and Medicare
Knowing the differences between Medicaid and Medicare is very important for families organizing their long-term care.
Medicare is a federal program that offers health insurance to persons 65 years and older. It covers hospital, doctor visits, and some medical services. However, Medicare usually does not include the long-term care part, such are nursing home stays.
On the other hand, Medicaid is a jointly run program of both the federal government and the states that assists individuals in meeting their long-term care expenses. Such care includes the nursing home if the individual is short of income and resources.
The financial eligibility policies for Medicaid differ from one state to another but are largely targeted towards those who satisfy specific monetary and caregiving standards.
Careers need to ask for professional help to clearly understand if they are eligible and how to apply, as the Medicaid application procedure is not easy.
Your Legal Guide: Knowing Your Legal Rights in Long-Term Care!
Residents in nursing homes or assisted living facilities have specific legal rights designed to protect their dignity, safety, and well-being.
Among these rights are that they will be given proper care, that the place where they live will be safe, and that the people there will be kind to them.
Additionally, their privacy will be respected, including the confidentiality of their medical records and personal information.
Note: Reporting the abuse to appropriate authorities, such as adult protective services, law enforcement, or the long-term care ombudsman, is crucial.
In many cases, victims of nursing home abuse can pursue nursing home abuse lawsuits to hold the facility accountable for its negligence.
These lawsuits can help secure compensation for medical expenses, emotional distress, and other damages, while also pushing for improvements in the facility’s practices. Taking action can prevent further harm and ensure the safety and dignity of elderly residents.
Residents have the right to decide about their care. Thus, they should be the ones to choose those who will take care of them and be involved in the development of their care plans.
Most importantly, they cannot be the ones who are on the receiving end of discriminatory acts because of their race, gender, or disability. And they will be able to freely and openly express their opinions without fear of punishment.
On the other hand, nursing home abuse and neglect are the most common reasons why most people are afraid to put their elderly in nursing homes, and this clearly shows that legal recourse is necessary.
It is of utmost importance to take immediate and decisive action if a family member is a victim of an abuse or neglect situation.
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