Home Health Care Providers: Legal Considerations for Seniors in London, ON

Home health-care providers understand that legal issues related to aging are many, and they reach into all areas of life. Estate planning is the legal issue people think about most often as they or a loved one ages. But even this one aspect of life involves much more than deciding which relative receives which assets.

Living wills, powers of attorney, and instructions pertaining to life-sustaining treatments are all complex legal issues that many older adults will need to address.

In this article, Comfort Keepers reviews essential legal documents, health information, and other considerations seniors and their families should address to reduce stress when critical life decisions need to be made and to help ensure a senior’s wishes are followed.

For more complete information on the subjects covered below, and for laws specific to your province, talk with your lawyer.

Online Resources

You can find more detailed information on important legal matters for seniors by visiting the Elder Law Section of the Canadian Bar Association.

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Advance Health Care Directives (Living Wills)

These are documents or written instructions through which an individual specifies the types of medical intervention and long-term care choices to be made on their behalf if they are unable to make decisions due to illness or incapacity.

Advance directives commonly include:

A living will, which provides instructions about the types of health care treatment a person would want (and would not want).
A power of attorney for personal care, which appoints someone to make health-care decisions on the individual’s behalf if the individual is incapable of doing so.

These documents and instructions can be helpful. To help ensure they are understood and followed, discuss them with your loved ones and give copies to responsible family members, your physician, and other trusted individuals.

Wills and Trusts

Wills enable individuals to declare who receives their personal possessions when they die. Wills can help prevent legal problems and potential conflicts for family members. If you do not have a will, your assets could be distributed according to applicable law. Many estate lawyers suggest that both spouses have a will and update it regularly to reflect changes in the estate.

Trusts come in several types, including a living trust. They are created for many reasons, including to avoid probate (the court process that confirms a will and authorizes the administration of an estate), to help care for a dependent family member, and to assist in estate and tax planning. As with any legal document, it is best to consult a lawyer.

Power of Attorney

Many people believe that if something happens and they are unable to make decisions for themselves, their family can do so for them. This is not necessarily true. For financial decisions, legal authority is needed. You can give this authority by naming someone in a continuing power of attorney for property.

For personal care decisions, such as where you live or what you eat, you can give legal authority by naming someone in a power of attorney for personal care.

If an individual does not complete a power of attorney to specify who they want to act on their behalf in the event of incapacity, a court may appoint a guardian (or other substitute decision-maker, depending on the situation and jurisdiction) after the individual becomes incapable.

Collecting Important Information

Seniors can help their loved ones by organizing important documents, as well as medical, financial, and other personal information, so it can be easily accessed in the event of a medical emergency or other crisis.

Healthline.com recommends recording essential information and the location of key documents in a large notebook, and organizing copies of pertinent documents in expandable files. Seniors should review this collection with loved ones or their home health-care providers so they know where to find it.

Information and documents to include:

Birth certificate
Social Insurance Number
Life insurance information, including policy number(s)
Names and addresses of family physicians and medical specialists, plus hospital admissions, dates of office visits, and other medical history
Special arrangements made for health care, including advance directives
Funeral prearrangements
Trust documents
Will
Sources of income and assets
Bank statements and safety deposit box location(s)
Mortgage papers
Investment records
Negotiable securities
Credit card information
Most recent income tax return
Loan papers
Divorce papers