“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.

During my years of practice as a Registered Nurse I was often faced with providing CPR and other live saving measures to persons that only served to prolong the natural process of dying. Ventilators for breathing. Tube feedings. How often the decision maker is ill equipped and confused about what the person would have wanted.
How often I have sat with individuals who were required to make decisions who still suffer with guilt, anxiety, and a deep sense of remorse because they are 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. Terri Schiavo is just one example of many.

Health Care Surrogate: Appoint the Person most able to make decisions in accordance with your own wishes.

Advance Directives: Give the Health Care Surrogate written directions as to your wishes in order to alleviate confusion during the decision-making process and eliminate the 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.