Home Instead Senior Care in Austin helps families cope with elder care. Please call us at 512-347-9207 when seeking non-medical, companionship, and professional caregvers in Austin.

Family Law - Choosing an Attorney

The search to find the “right” attorney for your parent can happen through a friend or co-workers recommendation, or a caregiver support group. Also, ask your local area Agency on Aging, they can also lead you in the right direction.

When you are interviewing Attorneys, make sure they have a lot of knowledge about Medicaid laws and regulations, tax planning, trusts, power of attorney laws for healthcare and asset management, conservatorships, social security, and housing and/ or healthcare contracts.

Be prepared when you go to your consultation. Here is a simple list of things to bring with you:

1. Existing wills

2. Bank statements

3. Lists of debts

4. Documents of title

5. Lists of major assets

6. Contracts or legally binding documents

Preparation is the key to keeping everyone happy and feeling good about the choices being made. Make sure all family members are on the same page, and keep the emphasis on your parent and the fact that you are all doing this for them. Also, try to praise each other after accomplishing these difficult tasks. Stay positive and focused!

Estate Planning for Aging parents needs to be in place early on. Planning for Home Care in Austin or if your parent has Alzheimer’s disease requires specially trained caregivers for home care. When needing special home care for a family member with Alzheimer’s, please contact Home Instead Senior Care Austin.  Call 512-347-9207.  We specialize in Alzheimer’s Home Care in Austin, Texas.

Adult children should talk with aging relative to make sure all proper legal paperwork is in place.  Early on is best before a catastrophic event or accident.

Estate planning includes documents such wills and trusts. Living Trusts allow for an individual’s estate to be managed and used for stated purposes, such as taking care of a person during his or her lifetime.

Conservatorship or Guardianship
When a person is no longer able to make decisions, and he or she has not assigned power of attorney to anyone, it becomes necessary for the court to assign a representative. This person is known as a guardian or conservator. The physician states in a letter to the court system that the individual is in fact incapacitated and to what extent. A court hearing or procedure is conducted and a judge assigns a health care and/or a financial representative for that individual.

The following can help you investigate your legal options:
• Department of Aging
• Attorney Bar Associations (Elder Law Attorneys)
• Senior Legal Service
• Social Service Agencies, Social Security
• National Institute on Aging

As a caregiver, it is important to know your loved one’s wishes in the case of a medical emergency. Advance directives, such as “do not resuscitate” orders, should be documented. If your family has never discussed these topics, it is important for you to do so. Putting documents in place will make decision.

Please contact Home Instead Senior Care Austin.  Call 512-347-9207.  We specialize in Alzheimer’s Home Care in Austin, Texas.

Durable Power of Attorney

When caring for an Alzheimer’s family member in Austin, it helps to have a Durable Power of Attorney in place.  Having one allows a person to give authority to another person, a proxy, to make financial, legal and health care decisions on his or her behalf if he or she becomes incapacitated. The document is called “durable” because it endures when the person is incompetent.  For more help and a better understanding of how to put one in place, please contact Home Instead Senior Care Austin or call (512) 347-9207.

A Durable Power of Attorney can be as comprehensive or as basic as the person wants. Separate documents, such as a Durable Power of Attorney for Health Care and a Durable Power of Attorney for Finances can be prepared. An individual needs to have clear mental capacity at the time of completing the documents.

The person who is given the authority to make decisions (the proxy) should be a trusted person such as a spouse, adult child, relative or friend and should live nearby. He or she should know the person’s wishes and beliefs. This will help the proxy make informed decisions when necessary. Information in writing is preferred. Advanced planning can also help alleviate conflicts between family members.

Advanced Directive

A written advanced directive can be a simple or extremely comprehensive document that informs physicians and loved ones about how a person wants to be treated under various medical circumstances, including applying or withdrawing treatment. It is required in many health care settings. This is also be called a Directive to the Physician. This can be a stand alone document, or it may be included within a Durable Power of Attorney for Health Care document.

Living Will

A “living will” is a document that states the type of care a person wants or does not want when he or she is terminally ill. For example, a living will could include a “do not resuscitate” (DNR) order. It can be difficult to invoke a living will because it requires those involved to determine when an illness is terminal.

Contact Home Instead Senior Care Austin or call (512) 347-9207 for more help.