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Why Choosing the Ideal Healthcare Proxy is Critical
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Why Choosing the Ideal Healthcare Proxy is Critical

by Carol Marak
written by Carol Marak

This week at the Aging Well Conference in Arlington, I was invited to speak on the critical topic, The Decisions A Health Care Proxy May Make On Your Behalf. I’ve written several times about legal documents and selecting an executor and agent. While researching for the presentation, I came across valuable information on the American Bar Association website and want to share with readers. Why Choosing the Ideal Healthcare Proxy is Critical

The decisions a healthcare proxy will make on your behalf

  • Choices about medical care, including medical tests, medicine, or surgery
  • The right to request or decline life-support treatments such as medical devices to aid breathing, medical devices to provide food and water, CPR, blood transfusions, dialysis, and antibiotics
  • Choices about pain management, including authorization or refusal of medication or procedures
  • Admission to an assisted living facility, hospital, hospice, or nursing home
  • Choices about where to seek medical treatment, including the right to move you to another facility, hospital, or state
  • The right to see and approve release of your medical records
  • The option to take legal action on your behalf in order to advocate for your health care rights and wishes
  • The right to apply for Medicare, Medicaid, or other programs or insurance benefits on your behalf

Good advance planning for health care decisions is, in reality, a continuing conversation–about values, priorities, the meaning of one’s life, and quality of life. When making a health care advance directive like a durable power of attorney for health care, be aware that just having a written advance directive by itself does not ensure that your wishes will be understood and respected. Why Choosing the Ideal Healthcare Proxy is Critical
There are several key points in choosing an ideal healthcare proxy and it begins with talking about your wishes and finding out if the person will follow them. These questions will help you assess and choose the best healthcare proxy.

  • Will this person speak for you in case you cannot?
  • Act on your wishes and separate their own feelings from yours?
  • Live close by or could travel to be with you?
  • Knows you well and understands what you want?
  • Is someone you trust with your life?
  • Will talk with you about sensitive issues?
  • Will be available long-term?
  • Able to handle conflicting opinions between family, friends and medical team?
  • Can be a strong advocate in the face of an unresponsive doctor or institution?

This guide will help you do a better job of discovering, clarifying, and communicating what is important to you in the face of serious illness. Remember once you know exactly how you want to be treated if you should become incapacitated, write it down and let you healthcare proxy, family and friends know.

Why Choosing the Ideal Healthcare Proxy is Critical

Why Choosing the Ideal Healthcare Proxy is Critical Why Choosing the Ideal Healthcare Proxy is Critical Why Choosing the Ideal Healthcare Proxy is Critical Why Choosing the Ideal Healthcare Proxy is Critical Why Choosing the Ideal Healthcare Proxy is Critical Why Choosing the Ideal Healthcare Proxy is Critical Why Choosing the Ideal Healthcare Proxy is Critical Why Choosing the Ideal Healthcare Proxy is Critical Why Choosing the Ideal Healthcare Proxy is Critical Why Choosing the Ideal Healthcare Proxy is Critical Why Choosing the Ideal Healthcare Proxy is Critical

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Aging

How to Make End of Life Plans Part 1

by Kylie Johnson
written by Kylie Johnson

According to the CDC, around 60 percent of U.S. adults have no plan in place for the end of their lives. Consequently, close friends and family are left to sort through personal belongings, funeral arrangements and asset distribution while they’re mourning. Solidifying an end of life plan can ease the minds of everyone involved. Your loved one’s final wishes can be known and recorded as an objective legal document. This gives you and your family a map to follow.

This process involves discussing all the conditions surrounding someone’s death before they die, as opposed to during or after. Having these discussions up front can make the process easier.

This article explains some of the benefits of end of life planning and explains the different parts of it: advance health care directives, memorialization and burial, financial affairs and preferred location of death.

Making health care decisions

An advance health care directive is a form that tells you how your loved ones want to be taken care of, in the case that they’re unable to do so themselves. Advance health care directives are sometimes known as living wills. An advance health care directive or living will is different from a power of attorney, which ensures that an agent of your loved one’s choosing can make medical decisions that are not covered by a living will.

If they’re incapacitated by a disease, an advance care directive will specify whether or not they wish to receive medical treatments such as:

  • CPR
  • Artificial respiration
  • Artificial hydration
  • Feeding tubes
  • Ventilators

 

Advance care directives allow adults of any age to control how they spend their final days.

These forms, once signed by two witnesses, are legal documents with legal power in the United States. While they don’t force your loved one’s doctor to comply, a doctor can’t be legally prosecuted for doing so.

However, not all situations will be covered by the advance health care directive. In the cases that aren’t covered, doctors can consult the health care proxy.

Health care proxy

Named in the advance care directive, the proxy (sometimes known as an “agent”) is legally able to make health care decisions on behalf of the dying person in the event that they’re unable to do so for themselves. The proxy can be anyone: friend, family, it doesn’t matter. This applies only when the advance health care directive doesn’t cover the situation.

How to do it

Download and print the advance health care directive form for your state. After talking it over with your loved one, ask them to fill out the questions or help them fill it out. Have two witnesses over 18 years old present when your loved one signs it.

The document is legally recognized once your loved one and witnesses have signed it, so you’re not required to take it to a lawyer. However, it’s always recommended to get legal consultation on these issues, if you’re able.

Make several copies for yourself, your loved one, concerned family members, your loved one’s physician and faith leaders. Discuss the advance health care directive with your loved one’s physician, and make sure they understand what your loved one wants to avoid confusion.

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Topics to Discuss with Aging Parents
Aging

Topics to Discuss with Aging Parents

by Kathy Macaraeg
written by Kathy Macaraeg

Ideally, you want to ask all of these questions at once so that if your parents don’t have any of the documents, you can set an appointment with a family lawyer to take care of everything at once.
Are There Areas in Your Life Where You Need Help?
You should ask your aging parent this question frequently. Circumstances change. While they may not need assistance with anything today, that could change quickly tomorrow. If you are at a loss for what types of questions to ask, here are some suggestions:

  • Are you having trouble safely getting around the house?
  • Have you fallen or lost your balance recently?
  • Are you eating well? Do you need help getting healthy food?
  • Are you still comfortable driving?
  • Do you need me to bring you anything?
  • Is everything working properly?

You would be surprised by how many of my clients quietly struggled with the above issues because they didn’t want to bother their children or alert their children to their inability to live independently. In addition to asking these questions, you should be checking for signs of their abilities. Some signs include:

  • Frequent falls or bruising
  • Weight loss or trouble sleeping
  • An empty refrigerator or pantry or no “fresh” foods
  • They are not grooming in the same way or as frequently
  • Their mail or paperwork is piling up
  • They are forgetting appointments or important dates
  • They keep phone calls or visits short (so that you don’t notice any issues)

Do You Have an Advanced Medical Directive?
An advanced medical directive is a legal document in which a person specifies what actions should be taken for their health if they are no longer able to make decision for themselves because of illness or incapacity.
If they do, discuss what is on their advanced medical directive so that if an issue suddenly arises, you won’t have to waste time hunting for the documentation. If they don’t set up an appointment with a family law practitioner.
Do You Have a Healthcare Proxy or Durable Power of Attorney?
A healthcare proxy is a document with which a patient appoints an agent to legally make healthcare decisions on behalf of the patient, when he or she is incapable of making and executing decisions stipulated in the proxy.
Does Your Doctor Have Signed Consent Forms For Who Can Speak to Him/Her?
If you or a sibling want the opportunity to speak to your parent’s medical provider outside of attending their appointment, you need to be sure their doctor has a signed consent for that enables you to do so. Medical offices may have their own forms or they may be less formal and just need your parent to call and clear you. Check with your parent and their medical provider.
Do You Have a Financial Power of Attorney?
A Financial Power of Attorney authorizes someone to act on your behalf in financial matters. This is a difficult topic to bring up as your aging parent may be concerned that he or she will lose control of their finances. You also need to be cautious about who is given this role as there is a risk that in the wrong hands, their money can be mismanaged or worse.
On the other hand, if your aging parent is struggling to stay on top of his or her bills or has reduced cognitive function that makes it impossible to make financial decisions, it is critical that someone steps in to help with finances. Of note, it is important that your aging parent make this decision while he or she has the cognitive ability to do so, which is why you want to have the discussion early.
At What Point Is Aging in Place No Longer Feasible for You?
Everyone wants to age in place. There are very few people who want to leave their family home to move into a communal living environment. Unfortunately, it isn’t possible for everyone to age in place.
Take the time to discuss with your aging parent at what point – if there is a point – they would consider assisted living. If they are completely against moving into assisted living, what are their preferences and is it in their financial control. Would your aging parent prefer moving in with family? Is that even an option? Would their preference be round-the-clock caregiving services?
There may become a point where it truly isn’t an option to age in place. They may not be ambulatory. They may be ill. They may need round the clock care which is out of the budget. If they do need to move into a facility, what type of environment is most preferable?
——
None of these conversations are pleasant, yet they are all important to ensuring your parent’s end of life care is what he or she would want. Jumping into caregiving as a result of illness or an injury is stressful.
If at all possible, you want to have caregiving discussions with your aging parents early and often. You never know when circumstances will change and you don’t want to have conflict with your aging parent over his or her care, or with a sibling or family member.
Lastly, use the resources of Senior.com. They specialize in helping people age in their home longer by providing fall prevention products like lift chairs, walkers or rollators, canes and Stander products.

Topics to Discuss with Aging Parents

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