“Who will make healthcare decisions for you when you cannot make them for yourself?” and; “Who will pay your bills and manage your money if you cannot do that for yourself?” and; “Who will apply for public benefits such as Medicaid for you if you cannot do that for yourself?”.

Many people are unaware of the tragic circumstances that happen to people who do not have legal documents in place when they become ill or injured.

During my years of practice as a Registered Nurse I was often faced with providing CPR and other life-saving measures that only served to prolong the natural process of dying. Ventilators for breathing. Tube feedings. Often, the decision maker was ill-equipped and confused about what the person would have wanted. I have sat with
individuals who were required to make decisions and who still suffer with guilt, anxiety, and remorse because they were not at all certain that they did what the dying person wanted them to do.

Difficulties arise when patients in need of public benefits such as Medicaid have not appointed a Power of Attorney to handle these matters for them. Sometimes life-long family hurts and feuds result when adult children do not agree on the course of care for their parent and there is no document giving authority to any of them. It is these
cases that seem to involve the most suffering for everyone involved and the deepest hurts among family members.

Estate Planning is often thought of as providing for the distribution of one’s assets after death. Key to the Estate Plan is providing for what will happen to the person and their assets while they are still alive. I cannot stress this point enough. All too often persons who neglect this aspect of their planning end up requiring Court appointed Guardians
and Court proceedings to manage their care. Terry Shiavo is just one example of many.

What is…

Power of Attorney for Health Care: Appoint the Person most able to make decisions in accordance with your own wishes.

Advance Directives: Give the Power of Attorney for Health Care written directions as to your wishes in order to alleviate confusion during the decision-making process and eliminate guilt and remorse.

Power of Attorney: Appoint the Person and give the authority for them to handle your financial affairs including the long-term care provisions required for Medicaid and other public benefit applications.

Living Will: Tells others what your personal choices are about end-of-life medical treatment.

Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.