Louise provided in-home services for an elderly couple, Leonard and Amelia. Five days a week, she helped the couple bathe and dress, cooked, did some light housekeeping, and helped manage their prescriptions. Louise felt that most of the couple’s medical needs were being met. As a caregiver, she did have some legal concerns about her patients.
The General Durable Power of Attorney
Caregivers may closely watch their clients’ medical conditions. They may see their patients gradually deteriorate to the point of incapacity. Before this happens, a caregiver may suggest the patient sign a general durable power of attorney.
This document gives the patient the opportunity to plan ahead for his or her financial affairs. The principal – the person signing the power of attorney – can name a trusted person to make financial decisions and pay bills. As long as the power of attorney is ‘durable’ the authority granted continues even if the principal becomes incapacitated.
Patient Needs a Health Care Power of Attorney
A caregiver understands the important of having an advanced directive or health care power of attorney. Like a general durable power of attorney, the person signing the document names a trusted person to make decisions for them. In this document, however, the agent is given authority over medical decisions.
Patient Needs to Apply for Government Assistance
Sometimes patients need long-term care. The caregiver may realize that the patient would benefit from government programs like Medicaid and VA benefits. There’s even a Medicaid program designed for family caregivers.
Navigating government benefit programs can be difficult and frustrating. It helps to have someone on your side.
Patient Needs to Hire an Attorney
Which brings us to getting someone who can help with the other three concerns: a lawyer. A caregiver may see a need for a patient to consult with an attorney. One thing to be careful of, however, is to avoid any appearance of undue influence over the patient.
The attorneys at Miller Estate and Elder Law efficiently assist their clients with their estate planning, Medicaid applications, and probate. For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form. Although we’re located in Anniston, we also help clients in the Birmingham, Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.