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Health Care

Today's Q&A on ElderCareMatters.com is about decision making and Powers of Attorney

Question:  If you have the Power of Attorney for a person what sort of paperwork do you need to keep, and are you authorized to make decisions re: the care of that person in an assisted living facility or nursing home if the person is still in his/her right mind?

Answer:  Once the durable Power of Attorney for health care or finance is in place, the designated person who holds the Power of Attorney should keep as much documentation about the person as possible, including a list of their medications, physician's report including diagnosis, allergies, etc., advanced healthcare directive, POLST (physician's orders for life sustaining treatment), DNR (do not resuscitate) , family history, medical history, copy of the Will, bank information, mortuary information, etc. The Power of Attorney is authorized to make decisions re: the care of that person in an assisted living facility or nursing home even if the person is still in his/her right mind.

My answer to your question is based on my many years of being a long term care Administrator.  If you need more specific information about these legal documents, I would suggest you contact an Elder Care Attorney in California, which can be found on ElderCareMatters.com.

Daniela Berindei, Administrator
Elite Elder Care
El Dorado Hills, California
916-267-1346
Member of the national ElderCare Matters Alliance, California chapter

Question of the Day on ElderCareMatters.com: "I am an Elder Care Professional with 15 years experience in helping families with their elder care matters. Should I be listed on ElderCareMatters.com?"

Answer:  If you are a professional who helps families plan for or deal with ANY of their elder care matters, then you owe it to yourself to be listed on America's #1 online source for "Elder Care Experts"….

ElderCareMatters.com

ElderCareMatters.com is where you will find more than 2,000 competent, caring elder care experts located across America, including:

  • Elder Law Attorneys
  • Estate Planning Advisors
  • Financial Planners
  • Investment Advisors
  • Geriatric Care Managers
  • Insurance Professionals
  • Life Care Planners
  • Professional Organizers
  • Reverse Mortgage Lenders
  • Senior Move Managers
  • Senior Real Estate Professionals
  •  Tax Advisors
  • Aging in Place Professionals
  • Daily Money Managers
  • And other elder care experts with long and successful careers working with seniors and their families

This is also where you will find some of America's best:

  • Assisted Living Communities
  • Alzheimer's / Memory Care Communities
  • Continuing Care Retirement Communities
  • Home Care Agencies

Together, we provide families across America with:

  • Unparalleled professional expertise
  • Up-to-date elder care information & answers to your elder care questions
  • Competent, caring assistance with a wide range of elder care services

So if you are a competent, caring elder care professional who helps families with ANY of their elder care matters, then request today an Application for Membership in the national ElderCare Matters Alliance and get listed on ElderCareMatters.com - America's #1 source for "Elder Care Experts" plus information and answers about a wide range of elder care matters.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters, LLC
ElderCareMatters.com

 

 

 

Question of the Day on ElderCareMatters.com: “For some reason, my aging parents are stonewalled about signing a healthcare power of attorney. They seem to think that one of them will always be available to take care of the other. As they age, it is becoming more and more apparent that this issue needs to be discussed, but they refuse any attempt on any family member's part to do this. I believe they view it as a means for someone to take control, thus losing their independence. What would you suggest?”

Answer:  In Massachusetts and probably other states, if  married couples do not have  a health care proxy (HCP) in place and one of them needs hospital care the other will have no rights with respect to his or her spouse's health care needs.
 
In circumstances where the hospitalized spouse loses competency to decide an emergency, guardianship will be required. The cost will then become large because court action will be required. If these people are hesitant they can name each other as health care agent followed by a trusted child as an alternate. Also they should think about a durable financial power of attorney  because a health care proxy only addresses health issues, and if one of them becomes incompetent the other can take over with the financials. Without that document financial institutions would require a Conservatorship– again an expensive proposition. Every person needs to have these 2 documents in place. The fiscal and emotional costs to the family would be far greater than the actual legal costs to retain an attorney to draft them.

Susana Lannik, Attorney at Law
Law Office of Susana Lannik, LLC
Newton, Massachusetts  02458
617-658-2980
www.LannikLaw.com
Member of the national ElderCare Matters Alliance, Massachusetts chapter

Question of the Day on ElderCareMatters.com: "Would you please provide me with a list of all the 87 different elder care services that the members of the national ElderCare Matters Alliance provide on ElderCareMatters.com?"

Answer:  It is my pleasure to provide you with the following list of the 87 different elder care services that are currently provided by the members of the national ElderCare Matters Alliance on ElderCareMatters.com:

  1. Accounting Services
  2. Adult Day Care
  3. Advance Medical Directives
  4. Aging in Place Services
  5. Alzheimer's / Memory Care Communities
  6. Annuities
  7. Arbitration
  8. Asset Protection Planning
  9. Assisted Living Communities
  10. Assisted Living Referral Services
  11. Bankruptcy
  12. Bill Paying
  13. Budgeting
  14. Caregiving Education
  15. Companion Care
  16. Conservatorship
  17. Consumer Law
  18. Continuing Care Retirement Communities
  19. Cremation Services
  20. Crisis Intervention
  21. Daily Money Management
  22. Dementia Care
  23. Disability Income Insurance
  24. Disability Planning
  25. Elder Abuse Litigation Services
  26. Elder Law
  27. ElderCare Planning
  28. Estate Administration
  29. Estate Liquidation
  30. Estate Planning
  31. Family Law
  32. Financial Planning
  33. Funeral Services
  34. Geriatric Care Management
  35. Guardianship
  36. Health Insurance
  37. Hoarding Clean Up and Coaching Services
  38. Home Care
  39. Home Downsizing Services
  40. Home Health Care
  41. Home Modifications
  42. Hospice Care
  43. Independent Living Communities
  44. Investment Services
  45. Life Care Planning
  46. Life Insurance
  47. Litigation
  48. Long Term Care Insurance
  49. Long Term Care Planning
  50. Medicaid Planning
  51. Medical Services
  52. Medical Alert Systems
  53. Medical Claims Processing
  54. Medical Equipment & Supplies
  55. Medical Malpractice Litigation
  56. Medicare Consulting
  57. Medicare Supplemental Insurance
  58. Medication Management Services
  59. Moving Services
  60. Nursing Homes
  61. Personal Finance
  62. Powers of Attorney
  63. Probate
  64. Professional Organizing
  65. Public / Non-Profit Resources
  66. Real Estate Services
  67. Rehabilitation Services
  68. Residential Psychiatric Care
  69. Respite Care
  70. Retirement Planning
  71. Reverse Mortgages
  72. Securities Arbitration & Litigation Services
  73. Senior Housing
  74. Senior Move Management
  75. Senior Move Planning
  76. Senior Relocation Services
  77. Social Security Disability Services
  78. Special Needs Planning
  79. Tax Law
  80. Tax Planning
  81. Tax Preparation
  82. Transportation Services
  83. Trustee / Fiduciary Services
  84. Trusts
  85. VA Benefits
  86. Wills
  87. Wound Care

The goal of ElderCareMatters.com is to provide families across America with the help they need to plan for and deal with their elder care matters.  Let us know if there are other elder care services that you would like to have us list on ElderCareMatters.com – America's #1 source for Elder Care Experts plus information & answers about a wide range of elder care matters.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO, ElderCare Matters, LLC
ElderCareMatters.com
1-877-379-4500

Question of the Day on ElderCareMatters.com: "I noticed this morning that ElderCareMatters.com now has a total of 72 different elder care / senior care services that are included on this wonderful website. Can you tell me how these services are selected, and are there a maximum # of services that will be included on ElderCareMatters.com?"

Answer:  ElderCareMatters.com is an elder care resource to help families across America plan for and deal with their elder care matters.  With this goal in mind, we will continue to add more elder care-related services to ElderCareMatters.com in order to make this online elder care resource invaluable for families looking for help in planning for and/or dealing with their elder care matters.

Below are the 72 different elder care services currently listed on ElderCareMatters.com (with more services soon to be added): 

  1. Adult Day Care
  2. Advance Medical Directives
  3. Aging in Place Services
  4. Alzheimer's / Memory Care Communities
  5. Annuities
  6. Arbitration
  7. Asset Protection Planning
  8. Assisted Living Communities
  9. Assisted Living Referral Services
  10. Bankruptcy
  11. Caregiving Education
  12. Consumer Law
  13. Continuing Care Retirement Communities
  14. Crisis Intervention
  15. Daily Money Management / Bill Paying
  16. Dementia Care
  17. Disability Income Insurance
  18. Elder Abuse Litigation Services
  19. Elder Law
  20. ElderCare Planning / Long-Term Care Planning
  21. Estate Administration
  22. Estate Liquidation
  23. Estate Planning
  24. Financial Planning
  25. Funeral Services
  26. Geriatric Care Management
  27. Guardianship / Conservatorship
  28. Health Insurance
  29. Hoarding Clean Up and Coaching Services
  30. Home Care
  31. Home Downsizing Services
  32. Home Health Care
  33. Home Modifications
  34. Hospice Care
  35. Independent Living Communities
  36. Investment Services
  37. Life Care Planning
  38. Life Insurance
  39. Litigation
  40. Long-Term Care Insurance
  41. Medicaid / Disability Planning
  42. Medical / Healthcare
  43. Medical Alert Systems
  44. Medical Claims Processing
  45. Medical Equipment & Supplies
  46. Medicare Consulting
  47. Medicare Supplemental Insurance
  48. Medication Management Services
  49. Moving / Relocation Services
  50. Personal Finance / Accounting / Tax Preparation
  51. Powers of Attorney
  52. Probate
  53. Professional Organizing
  54. Public / Non-Profit Resources
  55. Real Estate Services
  56. Rehabilitation Services
  57. Residential Psychiatric Care
  58. Respite Care
  59. Retirement Planning
  60. Reverse Mortgages
  61. Securities Arbitration & Litigation Services
  62. Senior Move Management
  63. Senior Move Planning
  64. Social Security Disability Services
  65. Special Needs Planning
  66. Tax Law
  67. Tax Planning
  68. Transportation Services
  69. Trustee / Fiduciary Services
  70. Trusts
  71. VA Benefits
  72. Wills

If you need help with your family's elder care matters, you can count on ElderCareMatters.com to provide you with the experts, information & answers you need to plan for and deal with your elder care matters.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO of ElderCareMatters.com
1-877-379-4500

Question of the Day on ElderCareMatters.com: "My husband and I had never purchased long term care insurance, since it was too expensive. Now that he has passed away, I am concerned that I might become a burden for my children. Are there any options for me at my age?”

Answer:   Yes, there are planning steps you can take now.  First, check with your local agencies, such as the Area Council on Aging to find out what eldercare services are available in your area. You may find that there are adult day care centers that cost nothing or are very reasonably priced. Next, determine out what the cost of eldercare is in your community. These providers will include home health care agencies, nursing homes, and assisted living facilities. Prices vary, so survey the market carefully.

Involve your children and inform them of your wishes in the event you need custodial eldercare services, and write down your wishes. Name one of your children or friends that you trust as your eldercare coordinator. As an aside, it is always a good idea to consult with an attorney and have a durable power of attorney drafted, as well as a living will.

If you have assets available for possible eldercare expenses, you should designate those as being for that purpose. If you have existing life insurance or annuity policies, it may be possible to leverage those products by re-positioning them into products that can provide enhanced eldercare dollars in the event that you need them. Check with your financial advisor.

To find  competent, caring elder care professionals across America who are located near You and can help you with your elder care matters, go to: www.ElderCareMatters.com - A FREE online resource to find elder care experts plus elder care information & answers to your elder care questions.

Gregory D. Roberts, CFP, CLU, ChFC, CLTC, EA
Life Solutions
Aiken, South Carolina  29803
803-617-9805
Member of the national ElderCare Matters Alliance, South Carolina chapter 

Question of the Day on ElderCareMatters.com: "What exactly is Medication Therapy Management? Mom’s primary care physician mentioned this briefly at our last doctor’s appointment as an option for my mom who has had several “close calls” recently with overdosing on prescription drugs. Please advise."

Answer:  Medication Therapy Management (MTM) is a process that reviews and evaluates how each senior is responding to their unique group of medications—prescription, non-prescriptions, over the counter and natural medications, supplements, vitamins, minerals…any item that is in use to improve health.  It also evaluates food intake, how the medications are taken or used.   

Families, caregivers and other loved ones also share their insights about how the senior is responding to the “medications”, as many of them are with the senior at various time of the day.  An action plan is developed to address these issues or concerns.  There are many things that the senior and/or their family can do to improve the benefits of the “medications” in use and to minimize the side effects or other problems.  Prescribers are also contacted for changes in medications orders, provided with information about the use of multiple medications and changes made in medication dosage, and frequency of dose. 

Having one person organize such reviews and provide information to other members of the healthcare team can be very successful in avoiding the “close calls” that cause seniors end up in the emergency room, admitted to the hospital or even subsequently moved to the nursing facility. 

Medication Therapy Management may also be known by another name…Comprehensive Medication Review (CMR) which is defined as a systematic process of collecting patient-specific information, assessing medication therapies to identify medication-related problems, developing a prioritized list of medication-related problems, and creating a plan to resolve them with the patient, caregiver and/or prescriber. A CMR is an interactive person-to-person consultation conducted between the patient and/or caregiver and the pharmacist and is designed to improve patients’ knowledge of their prescription, over-the-counter (OTC) medications, herbal therapies and dietary supplements, identify and address problems or concerns that patients may have, and empower patients to self-manage their medications and their health condition(s).  

I hope this helps…

To find other competent, caring elder care professionals across America who are located near You and can help you with your elder care matters, go to: www.ElderCareMatters.com - A FREE online resource to find elder care experts plus elder care information & answers to your elder care questions.

Lynn Harrelson, R.Ph., FASCP, Senior Care Pharmacist
8302 Cheshire Way
Louisville, Kentucky  40222
502-425-8642
Member of the national ElderCare Matters Alliance, Kentucky chapter 

Question of the Day on ElderCareMatters.com: "My husband and I are both in our 80s and take a lot of prescription medicines. My question is whether there are any programs in place (nationally or in our state of Kentucky) that help seniors get their prescription drugs at a discount. We are spending far too much of our monthly income paying for prescription medicine. Please help."

Answer:  The first option is to always ask your prescriber for samples.  While this may work earlier in the year, as many seniors enter the donut hole, the demand for certain medications may far exceed the supply that prescribers have to share with their patients.   Always have your “next option” underway. 

In my locale, we have KIPDA (Kentuckiana Regional Planning and Development Agency) and similar regional agencies can be found throughout the country.   Many offer community outreach programs covering qualified Medicare beneficiaries under the “Extra Help with Prescription Drug Costs.”  This program is funded by the Social Security Administration, the Extra Help program provides premium, deductible, and co-payment subsidies for Medicare Part D using new 2011 Federal higher income levels.

Qualified individuals must meet the specific criteria to receive a full or partial subsidy:  they must be entitled to, or enrolled in, Medicare Part D; reside in one of the 50 states or the District of Columbia; and meet annual income guidelines.  I would suggest that you contact the Social Security office; they should be able to provide a phone number for a similar agency in your region.  Ask that office if they provide a similar service. Also, you can go online to www.socialsecurity.gov and click on “Get extra help with Medicare prescription drug costs” located in the left hand column; or call Social Security at 1-800-772-1213 (TTY 1-800-325-0778).  

Rx Help at 1-800-760-7616 is an organization that provides drug discount cards services.  Share the following with your pharmacy (most national pharmacies participate) and this organization offers 10-85% on all FDA approved brand-name and generic medications (ID# National 001/RX Bin# 014582, Grp NDC707).  Another option is Rx Assist (www.rxassist.org or 401-729-3284) that also has information about patient assistance programs and drug discount cards. 

Benefits Check Up Rx is sponsored by the non-profit National Council on the Aging.  This web site checks the potential eligibility of adults age 55 and over for more than 260 public and private prescription drug programs. After completing a questionnaire, the user receives a confidential, personalized report. The entire process typically takes five to seven minutes to complete.  (http://www.benefitscheckup.org/before_you_start.cfm?screen=BenefitsCheckUpRx) 

Pharmaceutical Patient Assistance Programs where several pharmaceutical companies feature programs to help eligible applicants reduce their medication costs. These programs are usually limited to the company's brand-name medications, and will most likely have specific requirements including age and income. 

Partnership for Prescription Assistance (info@pparx.org or 800-477-2669) is an organization that researches the various drug assistance programs currently available and provides access to more than 275 public and private patient assistance programs, including more than 150 programs offered by pharmaceutical companies.  

NeedyMeds (www.needymeds.org) is a web-based service that shares information on cost saving ideas and includes drug coupon programs, disease-specific assistance programs, information about discount drug cards and more. 

TogetherRx (www.togetherrxAccess.com or 800-444-4106) is a pharmaceutical sponsored program offers a 40-60 percent discount on certain brand name and generic medications for those who do not have prescription coverage. 

I hope that this helps….

To find other competent, caring elder care professionals across America who are located near You and can help you with your elder care matters, go to: www.ElderCareMatters.com - A FREE online resource to find elder care experts plus elder care information & answers to your elder care questions.

Lynn Harrelson, R.Ph., FASCP, Senior Care Pharmacist
8302 Cheshire Way
Louisville, Kentucky  40222
502-425-8642
Member of the national ElderCare Matters Alliance, Kentucky chapter 

Question of the Day on ElderCareMatters.com: "What are the training requirements for the staff of Assisted Living Facilities as it relates to administering medications to residents?"

Answer:   Training requirements  for Assisted Living Facilities (ALFs) are regulated by each state, and educational and training requirements vary among the states to address the specific requirements of the state. Additionally, not all ALFs allow staff to administer medications, these facilities are often referred to as a social model, there are 5 or 6 in this classification. 

To better understand the regulations for an individual state, you may find the specifics on each state's ALF association website, or staff within that association may assist you or clarify your questions.  Also, ALFs may develop their own training that may exceed state requirement to address the special needs of the residents within the facility.

To find other competent, caring elder care professionals across America who are located near You and can help you with your elder care matters, go to: www.ElderCareMatters.com - A FREE online resource to find elder care experts plus elder care information & answers to your elder care questions.

Lynn Harrelson, R.Ph., FASCP, Senior Care Pharmacist
8302 Cheshire Way
Louisville, Kentucky  40222
502-425-8642
Member of the national ElderCare Matters Alliance, Kentucky chapter 

Question of the Day on ElderCareMatters.com:"What is the first step in preventing my mother from having problems with her medications?"

Answer:  Make a list of all the medications that she uses, prescriptions, non-prescriptions, over the counters, supplements, and nutritionals. 

Keep the list updated, make copies and share with other caregivers.  Take the up-to-date list to all healthcare appointments and share with all healthcare providers.

I encourage you to go to my web site and download the Health ICE (In Case of Emergency).  This form provides an area to list this information and much more. 

Copies of this should be placed in 2 envelops, marked “Health ICE” and with your mother’s name. Place one on the refrigerator and one in the car. Emergency personnel are trained to look for such lists on the refrigerator and in the glove compartment of the car.

To find other competent, caring elder care professionals across America who are located near You and can help you with your elder care matters, go to: www.ElderCareMatters.com - A FREE online resource to find elder care experts plus elder care information & answers to your elder care questions.

Lynn Harrelson, R.Ph., FASCP, Senior Care Pharmacist
8302 Cheshire Way
Louisville, Kentucky  40222
502-425-8642
Member of the national ElderCare Matters Alliance, Kentucky chapter

This week's featured Elder Care Expert on ElderCareMatters.com is Lynn Harrelson, R.Ph., Senior Care Pharmacist

Lynn Harrelson, R.Ph., FASCP, Senior Care Pharmacist
8302 Cheshire Way
Louisville, Kentucky  40222
502-425-8642
www.SeniorPharmacySolutions.com

Member of the national ElderCare Matters Alliance, Kentucky chapter

This week's Featured Elder Care Expert is Lynn Harrelson, R.Ph., FASCP, Senior Care Pharmacist, Member of the Kentucky chapter of the national ElderCare Matters Alliance (a network of  1,500 elder care experts across America). 

Ms. Harrelson has over 30 years of experience helping patients, families, caregivers, physicians and other health care providers with questions and concerns that arise when multiple prescriptions and other medications are used.

Ms. Harrelson provides guidance for those who are overwhelmed and confused about drug reactions, interactions, and side effects of taking multiple medications.

Every day this week (M-F), Ms. Harrelson will answer one of your questions about her area of expertise (Medication Management), and this selected question along with Ms. Harrelson's answer will be posted on the Featured Elder Care Question of the Day section of ElderCareMatters.com.

So if you would like to ask Ms. Harrelson a question about your elder care matter, just send a short email (a few sentences only please) to: questions@ElderCareMatters. com.  

And remember to bookmark ElderCareMatters.com and check back often to see if your question is our Featured Elder Care Question of the Day.

Question of the Day on ElderCareMatters.com: "What is the difference between a Power of Attorney and a Guardianship?"

Answer:  A power of attorney is a legal document signed by you that grants another individual power to act and make decisions on your behalf. It may be general or limited to specific matters, such as finances or healthcare.

A guardianship, on the other hand, is a power granted by a court at the request of a third party to take control over your person, with or without your prior or current consent.

Generally speaking, a guardian has the same powers over his ward as a parent has over a minor child, unless those powers are specifically curbed by the court that granted them.

A power of attorney is generally preferable to a guardianship. Powers of attorney can be setup quickly and inexpensively and allow you to choose who will have powers over you, while guardianships can be long and expensive to put in place and leave the choice of a guardian in the hands of the court.

To find competent elder care professionals who are located near You and can help you with this type of elder care matter, go to: www.ElderCareMatters.com - A FREE online resource to find elder care experts plus elder care information & answers to your elder care questions.

Janna Dutton, Attorney at Law
Founding Partner
Dutton & Casey, P.C.

Chicago, Illinois  60603
312-899-0950
Member of the national ElderCare Matters Alliance, Illinois chapter

Question of the Day on ElderCareMatters.com: "Is there a form that would spell out my wishes for my care if I become disabled physically or mentally?"

Answer:  A health care power of attorney would be important if you became mentally incompetent–authorizing an agent to make health care decisions for you.

To locate competent elder care professionals who are located near You and can help you with this type of elder care matter, go to: www.ElderCareMatters.com - A FREE online source to find elder care experts plus information & answers about a wide range of elder care matters.

John E. Settle, Jr., Esq.
John E. Settle, Jr., Attorney at Law 
Bossier City, Louisiana  71111
318-742-5513
Member of the ElderCare Matters Alliance, Louisiana chapter

Question of the Day on ElderCareMatters.com: "We recently moved my 86 year old unmarried aunt from Rhode Island to Michigan to be near me, her only niece and the person who has her financial and medical POA. To thank me for taking care of all the details of the move, she wants to give me her 2005 Hyundai Elantra. We have set her up in Assisted Living and she has enough money to pay for 5 years of that care. However, if she becomes more ill during that time and must be moved to a nursing home, she will go through her funds more quickly and may need to go on Medicaid before the 5 years are up. Would Medicaid consider the transfer of the car to me in 2011 to be a "gift" that would be identified during the 5 year look back? Could she legally avoid that potential problem if she gave me the car as payment for "services rendered"? What type of paperwork would we need document the transaction. Or could she possibly sell it to me for a nominal fee?"

Answer:  I would NOT risk losing Medicaid over this car. I suggest buying the car for a nominal price.

To locate competent elder care professionals who are located near You and can help you with this type of elder care matter, go to: www.ElderCareMatters.com - A FREE online source to find elder care experts plus information & answers about a wide range of elder care matters.

John E. Settle, Jr., Esq.
John E. Settle, Jr., Attorney at Law 
Bossier City, Louisiana  71111
318-742-5513
Member of the ElderCare Matters Alliance, Louisiana chapter

This Week's Featured Elder Care Expert on ElderCareMatters.com is John E. Settle, Jr., Attorney at Law, member of the Louisiana chapter of the national ElderCare Matters Alliance

John E. Settle, Jr., Attorney at Law

John E. Settle, Jr., Esq.
1915 Citizens Bank Drive    
Bossier City, LA 71111
Telephone: 318-742-5513
e-mail:   
Send E-Mail
website:
http://www.SettleLawFirm.com

This week's Featured Elder Care Expert is John E. Settle, Jr., Attorney at Law, Member of the Louisiana chapter of the national ElderCare Matters Alliance (a network of 1,450+ elder care experts) and Founder of the Law Office of John E. Settle, Jr., a law firm in Bossier City, Louisiana, a firm that specializes in Elder Law, Estate Planning, Elder Abuse Litigation and closely related practice areas. 

Every day this week (M-F), Mr. Settle will answer one of your questions about his areas of expertise (Elder Law, Estate Planning, Elder Abuse, Probate, etc), and this selected question along with Mr. Settle 's answer will be posted on the Featured Elder Care Question of the Day section of ElderCareMatters.com.

So if you would like to ask Mr. Settle a question about one of your elder care matters, just send a short email (a few sentences only please) to: questions@ElderCareMatters. com.  And remember to bookmark ElderCareMatters.com and check back often to see if your question is our Featured Elder Care Question of the Day.

Question of the Day on ElderCareMatters.com: "I am eighty years old and in excellent health. I have family and friends who can act as executors of my Will and Living Trust. I also have a power of attorney and a Health Care directive However, I don't feel that they would have the expertise to administer my estate (modest though it is). Do I need an Elder Care Lawyer or an Estate Planning Lawyer to help my executors in the case of a serious illness or my demise? What is the cheapest way to get the service that I need?"

Answer:  It is a great idea to have a relationship with an elder law attorney so that your family and friends know who to turn to if something were to happen.  The attorney can help them with decisions if you have a serious illness or require extended care.  The attorney can also help them through the estate administration process after you pass away.  Creating a relationship with a good elder law attorney does not have to be expensive.  Many attorneys either charge a fixed fee for their help or charge hourly only for the work they do for you.  When you meet with an attorney, he or she can talk about how they charge and help work with you to make sure that you are comfortable with how things would be handled.

To locate competent elder care professionals who are located near You and can help you with this type of elder care matter, go to: www.ElderCareMatters.com - A FREE online source to find elder care experts plus information & answers about a wide range of elder care matters.

Angela N. Manz, Attorney at Law
The Law Firm of Angela N. Manz
Virginia Beach, VA  23452
757-271-6275
Member of the ElderCare Matters Alliance, Virginia chapter

Question of the Day on ElderCareMatters.com: "Is the ability for the aged to stay in an Assisted Living Facility being abolished? My mother lives in an ALF in Florida and when the time comes, I would like her to receive hospice services. But, I do not want her to necessarily leave the assisted living facility that she currently resides in. However, I understand that no person who is bedbound is allowed to remain in an assisted living facility. This certainly affects my mother's ability to remain at the facility and receive hospice services."

Answer:  No, the ability to stay in Assisted Living in Florida has not been abolished. If an elder wants to die in their home (Assisted Living is classified as home) they have the right to stay in Assisted Living. As her need for care increases (i.e. she becomes dependent or “bed bound”) she can remain in Assisted Living; however, she must pay privately for the extra care she needs. 

Assisted Living facilities are licensed to provide assistance with care. When an elder needs total care Assisted Living facilities are required to discharge the elder to a more appropriate setting, usually a nursing home; the only exception to this rule is when the elder is on hospice. When an elder is on hospice and needs total care they are allowed to stay in the facility but must pay extra for the care needed. Assisted Living facilities are not licensed or staffed to provide total care.

I hope this answers your question!

Amy Cameron O'Rourke, MPH, CMC
The Cameron Group
Orlando, Florida  32803
1-888-896-2010
Member of the ElderCare Matters Alliance, Florida chapter

This week's Ask an Elder Care Expert on ElderCareMatters.com is Heather R. Chubb, Esq.

Heather R. Chubb, Life Transitions Lawyer
The Chubb Law Firm
Gold River, California  95670
916-635-6800

Ms. Chubb is this week's Featured Elder Care Expert on www.ElderCareMatters.com, and will be answering your questions about Elder Care Matters.

Heather R. Chubb is a Life Transitions Lawyer in the Sacramento area dedicated to helping individuals and families make the best possible legal decisions for themselves and those they love. She uses her passion to educate her clients and make navigating the legal world easy, understandable and comfortable.

While each of her clients has different needs and objectives; they all have the common goal of protecting those they love, keeping control for as long as possible, making the most of assets they worked hard to acquire, and making things as easy as possible for their loved ones. She is particularly attuned to the needs of the “sandwich generation” balancing the demands of children, home, work and caring for elderly parents.

Whether developing a foundational estate plan, special needs plan, long-term care plan (including Medi-Cal and VA benefits), or advanced plan, or administering a plan upon death or incapacity, the focus is the individual client and their needs and goals.

Heather is a member of the State Bar of California Trusts and Estates section, WealthCounsel, the National Academy of Elder Law Attorneys (NAELA), and the national ElderCare Matters Alliance, California chapter.

www.ElderCareMatters.com – Experts, Information & Answers

At last, families across America have one resource they can tap into daily to relieve the stress of aging…

ElderCareMatters.com

 

ElderCareMatters.com, along with the 1,350+ members of the national ElderCare Matters Alliance, provides families with the elder care resources they need to plan for and deal with their issues of aging.  In fact, here is where you will locate, by state, some of America's top elder care professionals who provide a total of 68 different elder care services that will help you plan for and deal with your family's issues of aging, including:

  1. Advance Medical Directives
  2. Aging In Place Services
  3. Alzheimer's / Memory Care Communities
  4. Annuities 
  5. Arbitration 
  6. Asset Protection Planning
  7. Assisted Living Communities 
  8. Assisted Living Referral Services
  9. Bankruptcy
  10. Caregiving Education 
  11. Consumer Law
  12. Continuing Care Retirement Communiities
  13. Crisis Intervention
  14. Daily Money Management / Bill Paying
  15. Disability Income Insurance
  16. Elder Abuse Litigation Services
  17. Elder Law
  18. ElderCare Planning / Long-Term Care Planning
  19. Estate Administration
  20. Estate Liquidation
  21. Estate Planning
  22. Financial Planning
  23. Geriatric Care Management
  24. Guardianship / Conservatorship
  25. Health Insurance
  26. Hoarding Clean Up and Coaching Services
  27. Home Care
  28. Home Downsizing Services
  29. Home Health Care
  30. Home Modifications
  31. Hospice Care
  32. Independent Living Communities
  33. Investment Services
  34. Life Care Planning
  35. Life Insurance
  36. Litigation
  37. Long-Term Care Insurance
  38. Medicaid / Disability Planning
  39. Medical / Healthcare
  40. Medical Alert Systems
  41. Medical Claims Processing
  42. Medical Equipment & Supplies
  43. Medicare Consulting
  44. Medicare Supplemental Insurance
  45. Medication Therapy Management
  46. Moving / Relocation Services
  47. Personal Finance / Accounting / Tax Preparation
  48. Powers of Attorney
  49. Probate
  50. Public / Non-Profit Resources
  51. Real Estate Services
  52. Rehabilitation Services
  53. Residential Psychiatric Care
  54. Respite Care
  55. Retirement Planning
  56. Reverse Mortgages
  57. Securities Arbitration & Litigation Services
  58. Senior Move Management
  59. Senior Move Planning
  60. Social Security Disability Services
  61. Special Needs Planning
  62. Tax Law
  63. Tax Planning
  64. Transportation Services
  65. Trustee / Fiduciary Services
  66. Trusts
  67. VA Benefits
  68. Wills

 

If you and your family need help with your elder care matters, this is where you will find competent, caring elder care experts located near you who provide a total of 68 different services that will help you plan for and deal with your family's issues of aging.  Whether you are looking for:

  • an elder law attorney in Philadelphia
  • a geriatric care manager in South Florida
  • a long-term care insurance professional in Fort Worth,
  • a home care provider in Southern California, or
  • an assisted living community in Phoenix (as shown in the photo above)…

you can count on www.ElderCareMatters.com to help you find the Elder Care Experts and services that you will need in ALL 50 states (plus the District of Columbia).


 

Special Offer for ALL Elder Care Professionals:  The next 125 elder care professionals who apply for Lifetime Membership in the national ElderCare Matters Alliance will receive a 25% discount off the regular price of lifetime membership.

So if you are a competent, caring elder care professional – take advantage of this special 25% discount offer and pay only $337.50 for a "lifetime membership" (and there are no annual membership dues, ever!) in the national ElderCare Matters Alliance.   

To request a Membership Application, send an email to: info@ElderCareMatters.com.

Question of the Day: "We’ve had recurring problems handling my mother’s prescription medications. She takes about 10 prescriptions every day, and often she takes the medications in error, i.e., too many, not enough, etc. Last week we had to rush her to the ER because of an unintentional overdose of these prescription medications. What would you recommend we do to resolve this potentially dangerous problem?"

Answer:  There are a number of different solutions, depending on her medication routine, what is causing the difficulties, etc.  When we do a geriatric care assessment, this is often one of the areas explored and it is not unusual to find problems, which as you well know can be very adverse.  We tailor recommendations to the solutions that fit for the individual.

A couple of resources I can share that might work.  First, you’re probably aware of simple pill boxes, where medications are laid out as to when to be taken.  A family member or a R.N. from a home care company can do this.  If your Mom can handle taking the medications from the pillboxes correctly, this can work.  Some clients need additional reminders, and maybe it is feasible for someone in the family to call and help with this.  Some pharmacies and services also package pills in easy-to-use dosages (one of our local pharmacies delivers them right to the client, packed in easy to tear off packets with all the pills for a specified time).

For other clients, especially with cognitive deficits, a more extensive solution may be needed.  There are some wonderful technologies, such as electronic pill dispensers that are pre-loaded and dispense the meds. at the scheduled time.  They typically sound a reminder and have different settings to help avoid missed dosages turning in to overdoses.  Additionally, some of the emergency response systems (fall buttons) have options for medication reminders.  Some clients may need more hands-on, personal assistance.  A home care aide trained in medication assistance can be there to serve as a personal reminder.  You may want to talk to a home care agency about your Mom’s specific needs and see if a reasonable plan can be worked out…with 10 prescriptions, timing may be tough so it may require some creativity or a combination of options.

I always like to go back to the basics too.  I would suggest bringing this up with your Mom’s doctor (or doctors?) and asking if there are any ways to streamline the medication routine.  When pills are prescribed over time (and sometimes by different specialists), the doctor doesn’t have a really good picture of how complex this can be, and obviously at this point there have been adverse effects which make this a priority.  Can any of the pills be eliminated?  Can some of them be taken at the same time, or a larger dosage be taken less frequently?  If a review hasn’t been done recently, it is probably a good idea anyway with such a large # of medications.  There are consultant pharmacists who specialize in medication reviews.

To locate experts in your state who can help you with this elder care matter, go to: www.ElderCareMatters.com/statechapters.htm

Shannon Martin, M.S.W., CMC
Aging Wisely, LLC
Clearwater, Florida  33756
727-447-5845

Member of the national ElderCare Matters Alliance, Florida chapter

Question of the Day: "My mother went into the hospital from a fall. When released 4 days later, the hospital told my father that she was "not admitted" only "under observation" for the time there. Why would they do this? Is it something with the billing and Medicare coverage?"

Answer:  Unfortunately this is something more and more elders and their families are running in to.  This does relate to billing and especially the crackdown on hospitals in regards to overpayments for hospital stays.  This was never really intended to be a status for patients for more than about 24-48 hours, but increasingly families are experiencing what yours did with stays upwards of 3-10 days classified as observation status.  This is particularly problematic when a patient needs inpatient skilled nursing care afterwards, because Medicare requires a 3 day hospital stay (with admitted status) in order to cover subsequent rehabilitation or skilled nursing in a skilled nursing facility.  Additionally, the patient may be responsible for some services received during the hospital stay, which is essentially treated as an outpatient stay.

Be aware that Medicare recipients do have the right to appeal coverage decisions.  This is also an important issue for families to be aware of in order to be able to ask questions and get more details when a loved one is in the hospital.  The Medicare coverage (or non-coverage in the case of no qualifying hospital stay) of inpatient rehabilitation can be worth thousands of dollars, and may be key to a loved one’s recovery.

To locate experts in your state who can help you with this elder care matter, go to: www.ElderCareMatters.com/statechapters.htm

Shannon Martin, M.S.W., CMC
Aging Wisely, LLC
Clearwater, Florida  33756
727-447-5845

Member of the national ElderCare Matters Alliance, Florida chapter

Question of the Day: "What provisions in a will or revocable trust are appropriate for a child or parent who is unable to care for his or her own needs?"

Answer:  A last will and testament becomes effective only upon death and does not contain provisions for planning at incapacity.  However, a properly drafted trust appoints a successor trustee to make distributions to or for the benefit of the Settlor at his incapacity (and this can be expanded to provide for others as well upon the incapacity of the Settlor (such as the Settlor's spouse and children).  Also, a power of attorney for healthcare and property can be used which names an agent to make healthcare and property decisions for a person should they become incapacitated.  These can be drafted with very broad powers, or the powers of the agent can be as limited as desired.  Also, the power of attorney for property can include provisions which allow the agent to make gifts and other estate planning decisions on behalf of a person who has become incapacitated, if that is desired.

NOTE:  The information provided above is not intended to be nor should be relied upon as legal advice.  Peck Bloom, LLC is located in the State of Illinois and the attorneys are only licensed to practice law in Illinois and Florida.

To locate experts in your state who can help you with this elder care matter, go to: www.ElderCareMatters.com/statechapters.htm

Kerry R. Peck, Managing Partner
Peck Bloom, LLC
Chicago, Illinois  60603
1-877-845-1743

Member of the national ElderCare Matters Alliance, Illinois chapter

Question of the Day: "For how long and where should I keep all my original legal documents, including my original will? I’ve heard that I should not keep them in my safety deposit box."

Answer:  You should keep the most recent version of your legal documents (wills, trusts, powers of attorney) forever (or until any administration on your estate after you die is complete). If you get a new document done, you can destroy the old one.  You can definitely keep the documents in your safety deposit box; however, make sure someone other than yourself has access to the box. That way, if something happens to you, someone can get into the box to obtain your documents.

Ben A. Neiburger, JD, CPA
Neiburger Law, Ltd.
Elmhurst, Illinois  60126
630-782-1766
Member of the national ElderCare Matters Alliance, Illinois chapter

Question of the Day: "What exactly does Elder Law include?"

Answer:  Legal problems that affect the elderly are growing in number.  Our laws and regulations are becoming more complex.  Actions taken by older people with regard to a single matter may have unintended legal effects.  It is important for attorneys dealing with the elderly to have a broad understanding of the laws that may have an impact on a given situation, to avoid future problems. 

Unfortunately, this job is not made easy by the fact that Elder Law encompasses many different fields of law.  Some of these include:

  • Preservation/transfer of assets seeking to avoid spousal impoverishment when a spouse enters a nursing home
  • Medicaid
  • Medicare claims and appeals
  • Social security and disability claims and appeals
  • Supplemental and long term health insurance issues.
  • Disability planning, including use of durable powers of attorney, living trusts, “living wills,” for financial management and health care decisions, and other means of delegating management and decision-making to another in case of incompetence or incapacity.
  • Conservatorships and guardianships
  • Estate planning, including planning for the management of one's estate during life and its disposition on death through the use of trusts, wills and other planning documents
  • Probate
  • Administration and management of trusts and estates
  • Long-term care placements in nursing home and life care communities
  • Nursing home issues including questions of patients’ rights and nursing home quality
  • Elder abuse and fraud recovery cases
  • Housing issues, including discrimination and home equity conversions
  • Age discrimination in employment
  • Retirement, including public and private retirement benefits, survivor benefits and pension benefits
  • Health law
  • Mental health law

Most Elder Law Attorneys do not specialize in every one of these areas.  So when an attorney says he/she practices Elder Law, find out which of these matters he/she handles.  You will want to hire the attorney who regularly handles matters in the area of concern in your particular case and who will know enough about the other fields to question whether the action being taken might be affected by laws in any of the other areas of law on the list.  For example, if you are going to prepare a new will and your spouse is ill, the estate planner needs to know enough about Medicaid to know whether it is an issue with regard to your spouse’s medical care planning.

David F. Anderson, Esq.
David F. Anderson, P.A.
Miami Lakes, Florida  33016
305-825-4052
Member of the national ElderCare Matters Alliance, Florida chapter

Question of the Day: "How can I become one of the Elder Care Experts on www.ElderCareMatters.com and help families across America plan for and deal with their issues of aging?"

Answer:  If you are an elder care professional and you would like to "get the word out to thousands of families across America in a cost effective way about how you can help them plan for and deal with their issues of aging", then you should join our 1,250 elder care experts as a lifetime member of the national ElderCare Matters Alliance.  And, now, if you are one of the next 250 members, you will receive a 25% discount off the regular lifetime membership price.

This 25% discount is available only to the next 250 elder care professionals who join the national ElderCare Matters Alliance.

So if you are a competent, caring elder care professional – take advantage of this special 25% discount offer and pay only $337.50 for a "lifetime membership" (and there are no annual membership dues, ever!) to the national ElderCare Matters Alliance.

To request an Application for Lifetime Membership, send an email directly to: psanders@eldercarematters.com

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters, LLC
1-877-379-4500
www.ElderCareMatters.com

Special Offer: Next 250 Professional Members Receive 25% Discount

If you are an elder care professional and you would like to "get the word out to thousands of families across America in a cost effective way about how you can help them plan for and deal with their issues of aging", then you should join our 1,250 elder care experts as a lifetime member of the national ElderCare Matters Alliance.  And, now, if you are one of the next 250 members, you will receive a 25% discount off the regular lifetime membership price.

This 25% discount is available only to the next 250 elder care professionals who join the national ElderCare Matters Alliance.

So if you are a competent, caring elder care professional – take advantage of this special 25% discount offer and pay only $337.50 for a "lifetime membership" (and there are no annual membership dues, ever!) to the national ElderCare Matters Alliance.

To request an Application for Lifetime Membership, send an email directly to: psanders@eldercarematters.com

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters, LLC
1-877-379-4500
www.ElderCareMatters.com

Question: When you need a quick answer about an elder care matter, who can you ask?

Answer:  The experts of the national ElderCare Matters Alliance.

ElderCareMatters.com is now offering a NEW Ask an Elder Care Expert service.

Each week one of our 1,200 experts will answer your family's important questions about elder care matters – from legal, financial, housing, health care, etc.

If you would like to ask one of our Elder Care Experts a question about his/her areas of expertise, just send a short email (a few sentences only please) to:  Questions@ElderCareMatters.com

Every day we will post one of your questions along with an answer provided by our Featured Elder Care Expert of the Week to the homepage of www.ElderCareMatters.com (which is currently visited by thousands of families each week).  Yours may be one of the questions posted.

So bookmark www.ElderCareMatters.com and visit us daily as questions about a wide range of elder care matters are answered by some of America's top elder care professionals with years of experience helping families plan for and deal with their issues of aging.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters
1-877-379-4500
www.ElderCareMatters.com

"How can you assure elders and family that a DNR (do not resuscitate) order will be recognized and followed by EMT’s and ambulance services when 911 is called to the home? Do patient care protocols vary by State statutes?"

Answer:  I imagine that every state is different.  In Massachusetts, the person who is appointed your Health Care Agent under a Health Care Proxy can make the DNR decision.  You can also make it yourself if you are competent to do so.  There is a form you can get to fill out from the Executive Office of Elder Affairs here, or any nursing facility or hospital. That form AND your Health Care Proxy should be in a place in your home as well as in your medical records where the ambulance service can get it.  We too have had circumstances where these wishes have been ignored, and what I've described above is the process to enable the ambulance service to follow a DNR instruction.  In my experience, it is still a problem because sometimes in the midst of an emergency, there is no one around to show the service the DNR, even if it is posted on the refrigerator.  It is possible to place a laminated card in one's wallet indicating where the DNR order is. Hope this helps.

To locate attorneys in your state who can help you with this elder care matter, I would recommend that you search the ElderCare Matters listing of experts at www.ElderCareMatters.com/statechapters.htm.

Susana Lannik, Attorney at Law
Newton, Massachusetts  02458
617-658-2980
Member of the national ElderCare Matters Alliance, Massachusetts chapter

“For some reason, my aging parents are stonewalled about signing a healthcare power of attorney. They seem to think that one of them will always be available to take care of the other. As they age, it is becoming more and more apparent that this issue needs to be discussed, but they refuse any attempt on any family member's part to do this. I believe they view it as a means for someone to take control, thus losing their independence. What would you suggest?”

Answer:  Unfortunately, if they have capacity, you cannot force them to sign a healthcare power of attorney or take over their decision making authority.  Maybe the issue is simply not wanting to discuss it with you.

Is there a third person you can enlist to talk with them about this important elder care matter, i.e., member of the clergy or maybe a social worker or care manager?

To locate an elder care expert in your area, I would suggest that you go to www.ElderCareMatters.com/statechapters.htm

Sonya Mittelman, Attorney at Law
Bronx, NY  10461
718-863-4647
Member of the national ElderCare Matters Alliance, New York chapter

ElderCare Matters Alliance now has 1,200 professional members

The ElderCare Matters Alliance is a national organization of 1,200 elder care experts who help families across America plan for and deal with their issues of aging, including providing families with a host of elder care resources that can be found on www.ElderCareMatters.com

If you are a competent, caring elder care professional – you need to belong to the national ElderCare Matters Alliance.

To request a Lifetime Membership Application to the national ElderCare Matters Alliance, send an email to psanders@ElderCareMatters.com

www.ElderCareMatters.com – America's online source for elder care experts who help families plan for and deal with their issues of aging.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters
www.ElderCareMatters.com

“My parents had their wills, POA, Health Care POA, and trust set up in Missouri. They have since moved to Georgia. Do any of the documents need to be re-executed to be valid in the state of Georgia? My father has Alzheimer's and could no longer execute any documents."

Answer:  Your best move is to contact a Georgia attorney ASAP.  For a listing of Georgia Elder Care attorneys, you can take a look at http://www.eldercarematters.com/georgia/

Generally, documents that are valid in the State where they are signed will be deemed valid in other States, even if the other States impose different or additional signing requirements (such as whether they must be notarized or whether they need to be witnessed, and if so, by how many witnesses). 
Thus, the Missouri documents may be just fine for Georgia purposes, but only a Georgia-licensed attorney can answer that question with authority.

The fact that your father has Alzheimer's may or may not impact his ability to sign documents.  Obviously, mild Alzheimer's would not be an insurmountable problem, and even more advanced stages of the disease may not preclude a person's ability to sign documents that set out his or her simple choice of who will be the person's surrogate decision-maker.  What level of capacity is required to be able to sign different kinds of documents is a question of State law, so again, you are best advised to talk with a Georgia attorney at first opportunity.

If your father's Missouri documents turn out to be invalid or unhelpful in Georgia, there may be a variety of things that can be done under Georgia law to protect his choices as previously set out in his Missouri documents.  For example, if your Georgia counsel reaches the conclusion that the Missouri documents don't work in Georgia, you may be able to go before a Georgia court to have a guardian appointed for your father.  Your father's expression of his choice as to who would make decisions on his behalf if he became unable to make them himself would, at the very least, be grounds for the Georgia court to appoint the very people your father had hand-picked while he was competent.

Scott A. Makuakane, Esq., CFP
Est8Planning Counsel LLLC
Honolulu, Hawaii  96813
808-587-8227
Member of the national ElderCare Matters Alliance, Hawaii chapter

“My family and I live in Georgia and are now planning for our elder care matters. We would like to know: What is an Advance Directive for Health Care and how implementing such a document can help us?"

Answer:  An Advance Directive is a written statement that is made in advance of (before) a serious illness or injury. An Advance Directive indicates your choices about how you want medical decisions made to be made about your health IF you are unable to make the choices on your own. Most people understand the term “Living Will” which is the earliest form of an Advanced Directive. Another common form of an Advance Directive is a "Durable Power of Attorney for Health Care." Although these two documents share a common objective, they are different. People often ask their attorney if both are needed (possibly in an effort to save a few dollars on their Estate Planning fees). The way the documents were initially crafted by state legislatures, the answer is that you have better protection when you execute both documents. Now Georgia and many states are combining these documents into a single Advance Directive document. In Georgia that document is called the Georgia Advanced Directive for Health Care and it became effective on July 1, 2007.

The Georgia Advanced Directive for Health Care allows you to make your choices for your health care and to name someone to make those choices for you, IF you become unable to make decisions about your medical treatment. The law expressly recognizes the right of an individual to control all aspects of his or her personal care and medical treatment, including:

the right to insist upon medical treatment,
decline medical treatment, or
direct that medical treatment be withdrawn.

In other words, the Georgia Advanced Directive for Health Care enables you to have some control over your future medical care. You can say "yes" to treatment you want, or say "no" to treatment you do not want to have performed on you.

David E. Danta, Attorney at Law
Atlanta, Georgia 31141
770-938-0977
Member of the national ElderCare Matters Alliance, Georgia chapter

“I am concerned about what would happen if I were to become ill and if I lacked the capacity to make my own health care decisions. Specifically, I am wondering whether my agent (Power of Attorney for Health Care) would be able to access my medical records and whether he/she would be able to speak to my doctors on my behalf. "

Answer:  Your agent should be given access based on his/his status as agent.  It is, however, advisable to sign a release granting your agent the right to any information that may be protected under HIPPA, or include some language in your Health Care Proxy.

Sonya Mittelman, Attorney at Law
Law Office of Sonya Mittelman
Bronx, New York  10461
718-863-4647
Member of the national ElderCare Matters Alliance, New York chapter