What Happens If?

Life is full of unexpected situations– you can never prepare for all of them. But having difficult conversations now will save you and your loved ones a lot of frustration and uncertainty in the long run.

Whether it's due to aging, illness, or unforeseen circumstances, there's comfort in knowing that people and resources are available to guide you.

This blog will provide invaluable insights on what to consider now so you know what to do when you or your loved one can no longer make critical decisions independently.

Items to have in place:

• Financial POA (1,5)

  • The Financial POA is an individual you have chosen to handle your finances if/when you are unable to do so. They handle all financial matters, including bills, income, real estate, investments, etc.

  • Financial management control is rendered to the state if an individual does not have a POA determined legally to act on their behalf. Usually, a probate court will then appoint a guardian or conservator to oversee the estate. If family members want to manage the estate but are not listed as POA, they must petition the court to access the individual's finances, which is a lengthy and expensive process.

  • Note: Generally, a Financial POA is not effective after you pass. At that point, the executor's responsibility is to manage the financial matters.

• Living Will/Advanced Directives (2,3,4)

  • A living will and advanced directives are written legal instructions regarding your preferences for medical care if you cannot make the decisions yourself.

  • Within the Living Will, topics should include:

    • CPR, mechanical ventilation, tube feeding, dialysis, antibiotics and other medications, organ and tissue donations, end-of-life treatments/interventions, and DNR status.

  • Without a Living Will, POLST, or Health Care Proxy, you have a greater chance of receiving treatments or more procedures than you may want.

  • You may also have a Pennsylvania Orders of Life Sustaining Treatment (POLST), which will authorize paramedics and emergency room physicians to forgo the administration of CPR, defibrillation or the insertion of tubes.

• Medical POA/Health Care Proxy (2,3,7)

  • The Medical POA/Health Care Proxy is an individual you have chosen to advocate for you and make medical decisions for you when you are no longer able to do so regarding treatments, operations, and medications. If there is a Living will document, they are responsible for making decisions based on the Living Will document. Note: A health care proxy can NOT override a Living Will.

  • All adults have the right to control their own medical care, including treatments. These wishes can be executed through various documents if the patient is unable to make the decision.

  • Per Pennsylvania Act 169, healthcare providers traditionally turn to family members for treatment decisions if a patient cannot make decisions and has no advance directive. A close family member is allowed to exercise “substituted judgment” on behalf of the patient. However, this can often lead to arguments and conflicts between family members who may disagree with the decisions.

#1 Recommendation: Work with an Elder Law Firm (6)

An elder law firm specializes in the administration and management of estates and trusts, estate planning, trusts, wills, financial documents, long-term care placements in senior living communities, Medicare and Social Security appeals, elder abuse and fraud.

They specialize in planning for aging and planning for needs before they arise.

Where to find an Elder Law Firm:

• Life Care Planning

  • https://lcplfa.org/

  • Website to help figure out a law firm association that will help to navigate the end-of-life stages

• National Academy of Elder Law Attorneys

  • https://naela.org/

  • Finding an Elder Law attorney in your area

• Specifically in Central PA: Steinbacher, Goodall, & Yurchak

  • https://www.paeldercounsel.com/

We just reviewed some of the most significant considerations and documents to consider as you age. Having these documents in place ensures that your wishes are honored, you and your loved ones are protected, and you’ll be prepared when the time comes. It is never too early to have these conversations and obtain these critical documents.

Additional Resources:

• Book:

  • Mom and Dad, We need to Talk. How to have essential conversations with your parents about their finances. By Cameron Huddleston

    • Walks through what conversations to have with aging parents, why to have them early, and how to have them.

    • https://cameronhuddleston.com/

• Podcast:

  • Daughterhood The Podcast: For Caregivers - Episode #30: Protecting your Care Partner with Attorney Larisa Gilbert

    • https://www.daughterhoodthepodcast.com/podcast/episode/40f51eeb/protecting-your-care-partner-with-attorney-larisa-gilbert

Sources I used:

1. https://www.fsalaw.com/what-are-medical-and-financial-poa-in-pennsylvania/#:~:text=A%20financial%20power%20of%20attorney%20authorizes%20an%20individual%20you%20have,financial%20or%20real%20estate%20matters.

2. https://www.paelderlaw.com/estate-planning/what-happens-if-i-dont-have-an-advance-directive/

3. https://www.paeldercounsel.com/services-for-your-second-half-of-life/estate-planning/58-who-approves-your-treatment-when-you-cannot

4. https://www.mayoclinic.org/healthy-lifestyle/consumer-health/in-depth/living-wills/art-20046303

5. https://www.paelderlaw.com/probate-estate-administration/do-i-need-both-a-power-of-attorney-and-an-executor/#:~:text=An%20Executor%20is%20the%20person,the%20moment%20of%20your%20death.

6. https://www.aplaceformom.com/caregiver-resources/articles/elder-law-attorneys-help-family-caregivers

7. https://www.mchughandmacri.com/blog/2017/02/the-difference-between-a-living-will-and-power-of-attorney/