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home | Legal Issues | You Need To Have Power Of Attorney B . . .
 

You Need To Have Power Of Attorney Before You Need It

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Why should you get Power of Attorney for Health Care for your elderly loved ones when you don't think you need one yet?  Here's a story:

"Mary" called me recently. Mary cares at home for her husband, who has Alzheimer's disease. Recently he had a bout of pneumonia and was in the hospital for several days.  As so often happens, he was then discharged to a nursing facility for some rehabilitation before going back home.

While he was in rehabilitation Mary was very unhappy with the care he was getting, both from the facility and from the staff doctor. When she said that she wanted to take him home, the head nurse told her that this would not be allowed.

Mary quietly got in her car and drove home. She got the Power of Attorney for Health Care document that her husband signed a while back.

She returned to the nursing home, led her husband to the car and they both went home. He is doing well there now, and is back under the care of his regular physician.

If Mary had not had the proper authority to do what she did, she would have had to ask the court for guardianship of her husband. This would have taken days, if not weeks, and it would have been necessary to retain expensive legal counsel.

There would have been no ironclad guarantee that Mary would be appointed his guardian, either. There is always the risk that the court might think someone else would be a better choice.

If your elder hasn't yet appointed someone to help with medical issues in the event of incapacity, please sit down and talk about it.

It might take several conversations.  A lot of people, and not just older people, either, are hesitant to give someone else "power." There is that fear we all have of losing control and independence.

But something even more terrifying is the possibility that our medical treatment, and even our lives, might be put in the hands of someone we don't even know - and who doesn't know us. A properly done Power of Attorney for Health Care is the best way to make sure that doesn't happen.

Just Do it!

 


If you were in an accident, or if emergency personnel were to come to your aid while you were home alone, how would the medical personnel who treat you in an emergency know that you have named someone your "Agent in Fact" (your Power of Attorney for Health Care)? Here's how to be sure they will know, even if you can't tell them yourself.





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