| Because
We Care
Who Will Care
Introduction
As caregivers, we cannot assume that we always will be able
to provide care. Even if we are able to be active caregivers,
it is important to establish both emergency and long-term alternative
care plans for our older relative or friend, and to make sure
that the necessary legal documents are in place.
Legal Documents and Care Plans That Should Be in Place
Every adult should have at least a power of attorney, a living
will or medical directive and a will or trust in place so that
his or her wishes can be followed. If your older family member
does not have these legal directives,
you both should consult an attorney and have the appropriate
documents drawn up.
When making alternative long-term care arrangements, you will
want to discuss the matter with your care receiver(s), if at
all possible, and follow their wishes about the person(s) or
facility that would care for them, if you were unable to do so.
If your care receiver(s) want to live with another family member
or friend, you will, of course, want to discuss this arrangement
with the proposed caregiver to ensure that it is agreeable.
If your relative can make informed choices about an alternate
caregiver, living arrangement, and other matters, it will be
easier to make long-term plans, if you have a power of attorney
. If your older relative or friend cannot make informed choices
it may be necessary to seek appointment as a conservator and/or
guardian. This requires an appointment from the court to act
on your care receiver’s behalf regarding matters of care
and financial dealings. Whenever possible, discuss your plans
for alternative living arrangements or caregiver choice with
your older family member or friend and with other close family
members as well as the designated caregiver. This will help to
avoid opposition in the future that could lead to serious problems.
If you are the only possible informal caregiver, you and/or
your relative can appoint a trusted friend or perhaps a committee
composed of several friends to oversee your relative’s
care, or you may decide that it is best to have a lawyer act
as your care receiver’s representative. These arrangements
also should be legally established.
Once you have decided on an alternate caregiver(s), it will
be necessary to ensure that they, too, have the legal power needed
to make decisions, should your care receiver be unable to do
so. This may involve a durable power of attorney, a special medical
power of attorney, and, in some states, a special power of
attorney, if property is to be bought or sold, or a guardianship
and/or conservatorship. As stated before, you should ensure that
both you and your care receiver have medical directives, living
wills and estate wills and/or trusts established, if there are
financial resources available for your care receiver.
In choosing a long-term care housing arrangement it is a good
idea to select one that can provide varying levels of care so
that your care receiver will not be forced to move, if his or
her medical condition changes.
Short-term emergencies don’t require the same amount of
legal planning, but they must be considered. If you are unable
to look after your care receiver, you will need to make arrangements
with:
- a relative or friend
- a facility that provides short-term respite care (many nursing
homes and assisted living facilities offer such care)
- a home care agency
- a geriatric care manager.
Remember that home care agencies often cannot provide services
on short notice, and that you may need to have more than one
family member or friend as a backup person. For information on
sources of assistance in choosing care alternatives see the section
on Where
Can We Turn for Help? For information on housing alternatives
and living arrangements see the section on What
Housing Options Are Available?
Additional Resources and Readings
The National Aging Information Center’s Internet Information
Note on Legal
Services for Older Adults and Elder Law has a host of web
sites dealing with every aspect of legal documents that you and
your care receiver might want to consider in planning for the
future.
Maine Legal
Services for the Elderly maintains a list of links to legal
services in various states which can be helpful.
NAIC’s Internet Information notes entitled hospice
and palliative care, for information on this as well as
medical directives and the end stages of life.
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Dept. of Health & Human Services
