Get Organized, Stay Organized
Financial planning and health directives are critical issues that must be addressed shortly after diagnosis, say experts at the American Bar Association. Many families are unprepared for the consequences of this disease because of inadequate planning and poor communication among caregivers, loved ones and other family members.
Basic documents such as an advance directive should be updated and discussed with providers to ensure that medical decisions are carried out according to your loved one's wishes.
Virtually everyone should create a financial power of attorney and a health directive, said Charles Sabatino, Director, ABA Commission on Law and Aging, American Bar Association. Although generic forms are available online, Sabatino says that they usually only cover 75 to 80 percent of what’s needed.
“Spending time with an attorney who specializes in eldercare addresses issues that you may not have even thought about, like protecting assets, creating trusts and avoiding potential abuse or exploitation.”
An advance directive is the most important health document to draw up immediately.
An advance directive is the most important health document to draw up immediately. This allows your loved one to name a designated health agent. The primary provider, adult children, and other caregivers should be told of the provisions.
Some providers may refuse to share health information, citing HIPAA (Health Insurance Portability and Accountability Act) privacy rules. This is a federal law that sets rules for health care providers and health insurance companies about who can look at and receive a person’s health information.
Or, they may insist on having the patient sign a proprietary waiver.
That’s just wrong, Sabatino advises. “It should be legally sufficient for anyone named in the advance directive, including other family members, to access and discuss health information with a provider.”
Laws vary by state so be sure to work with someone who is familiar with requirements where your loved one lives. Although the basic framework is similar in most states, many provisions are idiosyncratic, Sabatino says.
"And that's, I think, the scariest part, because you're responsible all of a sudden for this other person and paying the bills and making all these really big decisions that maybe you haven't thought about before."
"Many people are just not comfortable handling this; it can become overwhelming very quickly."
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