I looked up the article. It mentions Medical POA and Advanced directives. In my State they seem to be one and the same. My Moms said Medical POA and listed everything she did or did not want. My Nephews is an Advanced Directive saying the same thing Moms did. Same State, different lawyers.
I also think that DNR is very important. When I worked, we asked every client to think about having one. The ones that did, were asked to keep a copy on the frig so that the EMTs had it and it was given to ER upon arrival. It should be on file with every Dr. u see and at the Hospital u go to. Each facility Mom was in had their own form that they wanted filled out.
The main thing is every family member should be made aware who is POA for Medical and Financial. It should not be a secret. Those assigned need to have the original. It should not be filed somewhere in the house of the principle. That DNRs are in place. This way your decisions can be carried out. You make your LOs lives easier not harder.
Article right here on the Aging Care forum, updated Nov. 1, 2021 by Margo Solitto: "3 Legal Documents Caregivers Need to Manage a Senior’s Health Care"
There are different types of Caregivers. Family and those that are hired to care for someone.
Those who are hired would not be doing any "managing" document wise for a client. Family or the client would be responsible for any documents.
Family doing the caring should have financial and medical POAs in place. If the person being cared for is competent the POA is not in effect unless immediate. The person has to be found incompetent by one or two doctors before the POAs are in effect. Once they are in effect then the person assigned POA takes on certain responsibilities. Doing the banking, paying bills. The assigned person does not need to care for the person but does needs to make sure the person can live safely on their own. Has food and heat. If they can't live safely, then the POA can place them in an AL or LTC. They do not need to be at the persons beck and call. Using the persons money, they can hire care givers, drivers, cleaning people, etc.
So if a family member is a Caregiver the 3 documents needed would be:
POA for Finances POA for Medical or a Medical directive (living will) A DNR if the person is terminal or has a health problem, like CHF, that if they die they want no life saving procedures done.
All of the above, though, do not have to be managed. The person needing the care needs to set these three documents up. This makes caring for someone easier. The Caregiver is aware of the wishes of the one they are caring for so does not have to wonder what the person would have wanted.
The only document that I could think that a Caregiver would need to do, is Medicaid renewal yearly. If the person being cared for is getting Medical for health, in home care or care in a facility, each year a form needs to be filled out updating financial information and any changes in address, marital status, etc.
Not at all certain what you mean? Do you have an elder you will have to care for, someone who is currently competent to create documents, but who you expect to descend into a state of dementia? Only a competent elder can "creat documents". So let's start there. A competent elder should be certain to create a DPOA or dunarable power of attorney which will be very well defined as to what powers the elder wishes to confer upon the POA when the elder can no longer act in his or her own behalf. There should be a "second" appointed to act in case the POA cannot serve. An elder should have a Living Will or an Advanced Directive defining what care he would like to have or would decline absolutely. Again, this document should have a second appointed. The elder should have a will or a trust done by a good attorney appointing a successor trustee in the case of trust and an executor in the case of a will. When the elder attends an attorney the attorney will suggest other documents the elder should have in order to protect him or herself and dependent on the size and the complexity of their estate. This would all hold for the competent elder. Now as to the incompetent elder who has suffered accident, injury or illness that makes him or her incompetent to act for himself. He will need the court appointment of a conservator or guardian to manage his affairs and to help with placement and decisions for health care on going. If there is no one in the family competent to serve in this capacity, or if there is a good deal of argument midst the family as to who should serve the decision may be made by a judge to appoint the state guardian and to assign a fiduciary. I hope this helps, and if you are able to elaborate we can perhaps help you more.
It depends on the caregiving situation. Is the caregiver (an adult child or grandchild) and are they also expected to take full legal responsibility for the seniors in their care? If the answer is 'yes' then you will need the following documents:
-DPOA (Durable Power Of Attorney) this means you will have access to their finances and assets and will be able to use them for their bills and care
-A legal document (it can be included under the DPOA) which makes you the person's health representative. This means you make their health care decisions for them if they're unable to
-A Conservatorship/Guardianship appointed to you for the person by the probate court where they live. Sometimes this is necessary if the person is not physically debilitated but mentally incompetent (dementia, mental illness, etc...) but not willing to allow someone else to oversee their life and make decisions for them.
-Knowing who will be the executor of the senior's Will. Sometimes it is not always their POA or conservator. This is important to know because POA and conservatorships expire when a person passes away.
If in rare situations like my last long-term position the paid caregiver is the only competent person around with two physically ill and mentally incompetent seniors whose adult kids with POA make themselves unavailable to because they don't want to deal with anything, you need whoever is in charge to sign paperwork with the clients doctors so they may share health information with the paid caregiver. This way the [aid caregiver who's actually taking the POA's responsibility isn't flying blind. If you're planning on a situation like this with your elderly, mentally-incompetent loved ones, do the paid caregiver a favor and do these documents with their doctor's offices.
Is this a test question? It sounds like something that would be asked by a student for a class. Your profile doesn't offer any insights into your situation, to put the question in perspective if in fact you are a caregiver.
But, to address the issue, caregivers don't manage documents. Documents are in part enablers, authorizing someone to perform and/or manage tasks for someone else, in the caregiving realm.
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I also think that DNR is very important. When I worked, we asked every client to think about having one. The ones that did, were asked to keep a copy on the frig so that the EMTs had it and it was given to ER upon arrival. It should be on file with every Dr. u see and at the Hospital u go to. Each facility Mom was in had their own form that they wanted filled out.
The main thing is every family member should be made aware who is POA for Medical and Financial. It should not be a secret. Those assigned need to have the original. It should not be filed somewhere in the house of the principle. That DNRs are in place.
This way your decisions can be carried out. You make your LOs lives easier not harder.
"3 Legal Documents Caregivers Need to Manage a Senior’s Health Care"
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Those who are hired would not be doing any "managing" document wise for a client. Family or the client would be responsible for any documents.
Family doing the caring should have financial and medical POAs in place. If the person being cared for is competent the POA is not in effect unless immediate. The person has to be found incompetent by one or two doctors before the POAs are in effect. Once they are in effect then the person assigned POA takes on certain responsibilities. Doing the banking, paying bills. The assigned person does not need to care for the person but does needs to make sure the person can live safely on their own. Has food and heat. If they can't live safely, then the POA can place them in an AL or LTC. They do not need to be at the persons beck and call. Using the persons money, they can hire care givers, drivers, cleaning people, etc.
So if a family member is a Caregiver the 3 documents needed would be:
POA for Finances
POA for Medical or a Medical directive (living will)
A DNR if the person is terminal or has a health problem, like CHF, that if they die they want no life saving procedures done.
All of the above, though, do not have to be managed. The person needing the care needs to set these three documents up. This makes caring for someone easier. The Caregiver is aware of the wishes of the one they are caring for so does not have to wonder what the person would have wanted.
The only document that I could think that a Caregiver would need to do, is Medicaid renewal yearly. If the person being cared for is getting Medical for health, in home care or care in a facility, each year a form needs to be filled out updating financial information and any changes in address, marital status, etc.
So let's start there. A competent elder should be certain to create a DPOA or dunarable power of attorney which will be very well defined as to what powers the elder wishes to confer upon the POA when the elder can no longer act in his or her own behalf. There should be a "second" appointed to act in case the POA cannot serve.
An elder should have a Living Will or an Advanced Directive defining what care he would like to have or would decline absolutely. Again, this document should have a second appointed.
The elder should have a will or a trust done by a good attorney appointing a successor trustee in the case of trust and an executor in the case of a will.
When the elder attends an attorney the attorney will suggest other documents the elder should have in order to protect him or herself and dependent on the size and the complexity of their estate.
This would all hold for the competent elder.
Now as to the incompetent elder who has suffered accident, injury or illness that makes him or her incompetent to act for himself. He will need the court appointment of a conservator or guardian to manage his affairs and to help with placement and decisions for health care on going. If there is no one in the family competent to serve in this capacity, or if there is a good deal of argument midst the family as to who should serve the decision may be made by a judge to appoint the state guardian and to assign a fiduciary.
I hope this helps, and if you are able to elaborate we can perhaps help you more.
-DPOA (Durable Power Of Attorney) this means you will have access to their finances and assets and will be able to use them for their bills and care
-A legal document (it can be included under the DPOA) which makes you the person's health representative. This means you make their health care decisions for them if they're unable to
-A Conservatorship/Guardianship appointed to you for the person by the probate court where they live. Sometimes this is necessary if the person is not physically debilitated but mentally incompetent (dementia, mental illness, etc...) but not willing to allow someone else to oversee their life and make decisions for them.
-Knowing who will be the executor of the senior's Will. Sometimes it is not always their POA or conservator. This is important to know because POA and conservatorships expire when a person passes away.
If in rare situations like my last long-term position the paid caregiver is the only competent person around with two physically ill and mentally incompetent seniors whose adult kids with POA make themselves unavailable to because they don't want to deal with anything, you need whoever is in charge to sign paperwork with the clients doctors so they may share health information with the paid caregiver. This way the [aid caregiver who's actually taking the POA's responsibility isn't flying blind. If you're planning on a situation like this with your elderly, mentally-incompetent loved ones, do the paid caregiver a favor and do these documents with their doctor's offices.
But, to address the issue, caregivers don't manage documents. Documents are in part enablers, authorizing someone to perform and/or manage tasks for someone else, in the caregiving realm.