|
| |
Major concerns for the elderly and their caregivers are legal issues
affecting the provision of care and the securing and retaining of entitlements
and benefits. Some communities have established separate, non-profit legal
services to assist persons with specific advocacy needs. These include: representation at public benefit agency
hearings, court proceedings for the
establishment of conservator ships or guardianships and interceding with
government entities which provide services such as home support services.
Usually, there is an income limitation for eligibility. In some areas, private
law firms have expanded their services to offer seminars and workshops to persons
who are interested in sound financial planning to protect income, savings and
property resources as they foresee long-term care needs. Specific information
about legal assistance may be obtained through the local Area Agency on Aging or
your local Bar Association.
Legal Assistance
Counseling on benefits and rights,
wills, taxes and other legal matters may be provided by an attorney or
non-lawyer to older persons with economic or social needs. Legal
documents that seniors might think about preparing include:
 |
Power of Attorney
A written document in which you authorize another person to act as your agent in
handling of your daily affairs. The person granting authority is called the
principal and the agent is called the attorney-in-fact. Power is revoked by acts
of principal or by death.
|
|
Durable Power of Attorney
A power of attorney which continues to be effective or takes effect if or when
you become incompetent or disabled. The power of the attorney-in-fact survives
the disability of the principal. All powers of attorney are presumed to be
durable unless specifically provided otherwise.
|
|
Advance Directive for Health Care
A written document which you may use under certain circumstances to tell
others the type and amount of care you would like to receive or not receive
should you become unable to express your wishes. An advance directive may take
many forms and is commonly referred to as a "living will." In
Pennsylvania law, a living will is known as an Advance Directive for Health
Care. A living will is a written document that describes the kind of
life-sustaining treatment you want if you are unable to advise your doctor. A
living will would apply only in cases where your condition is terminal or you
are permanently unconscious.
|
|
Guardian
A person with legal responsibility for, and power over, the personal
affairs and/or the property of another person found by a court to be incapable
of managing his or her own affairs.
|
|
Trusts
A right in property held by one person called the trustee for the
benefit of another called the beneficiary.
|
|
