In Home Elderly Care Means More Than Just Living Assistance Services
While your loved one’s living assistance services are important for their independence and safety, legal issues are also another aspect of elderly care
As your loved one grows older, there will be more to their elderly care than just living assistance services. Legal matters are also another important aspect. Documents such as living wills, trusts, or powers of attorney are just some of the things seniors and their families should think about. We can help you understand some of these essential considerations, however, for more complete information talk to our lawyer or visit the National Elder Law Section of the Canadian Bar Association.
Advance Health Care Directives (Living Wills)
In the event your loved one is unable to make decisions on their health care, for any reason, these legal documents act as a guide for family members and medical professionals. They come in two different parts:
Living Will- Specifies the type of medical treatment that should be provided
Durable Power Of Attorney- Specifics a ‘principal’, typically a trusted family member or friend, to act on the individuals behave when it comes to their elderly care and medical treatments
It’s recommended that both parts of the advance directive are considered.
Wills & Trusts
Wills and trusts have their own advantages and disadvantages.
Wills- specify who will receive your loved ones property as well as someone to legally carry out their wishes. Wills only go into effect when they are needed, and are passed through probate in order to ensure they are valid and held to. Due to this, they are a matter of public record. Those that do not create a will have their property distributed in accordance with the law.
Trusts- legal arrangements that specify a person or institution, known as a ‘trustee’, to hold a legal title over a loved ones property. They come in many forms, and are effective as soon as they are created. Trusts do not have to go through the count system, so they can remain private. This can potentially save families time and money.
It is recommended that along with living assistance services and advanced health care directives, both wills and trusts should be considered as well. An lawyer can help you better understand how to utilize both to their full advantages when it comes to your loved ones elderly care.
Power Of Attorney (POA)
While a Durable power of attorney (part of the advanced health directive) specifies what type of medical care can be done for your loved one, it does not include matters of real estate, finances, or property. A power of attorney specifics an individual to manage these affairs. Control can be limited to a specific task, or be very broad, and more than one family member can be given power of attorney.
You can learn more about the different restrictions and allowances when it comes to your area online, or through your lawyer.
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Remember, living assistance services shouldn’t be the sole focus of your loved ones elderly care. For more resources contact us.