The Atlanta Lawyer October/November 2019 | Page 17

IN THE PROFESSION
• Medical Documents.
Track down the Advance
Directive for Health Care or
Health Care Power of Attorney,
insurance
information,
medical records, and list of
current medications. If you
are concerned about a family
privileges that I have with
respect to my digital assets.”
Once you or your loved ones
have the important documents
together and organized, be
sure to keep the paperwork in
a safe place. This could be in
one to accompany them to
important
appointments.
In-home care agencies can
send caregivers to a person’s
home to help them with
meals, medication, mobility,
and/or finances. There are
several reputable resources
for help finding appropriate
home
care,
including:
Knowing that your parents •
or family members have an •
estate plan in place can save
you stress and frustration in
an emergency.
member’s mental or physical
health, you can help schedule
a doctor’s visit, and, with their
permission, accompany them
to the appointment. Bring your
questions to become familiar
with their medical history
and current health needs.
• Legal
Documents.
Consolidate power of attorney
papers and any trust documents.
Write lists of where the original
documents are stored, who has
a copy, and include the contact
information for the lawyer,
accountant, and estate executor.
• Online
Passwords.
Family members should know
how to access email accounts,
social media platforms, online
file storage, and online banking
accounts in case of emergency.
Some use an app to store all of
their account identifications and
passwords. Others write them
down and keep the document
in a safe place. People can
also include language in their
will that grants the executor
“all of the rights, powers and
an office, a bank safety deposit
box, with an attorney or the
estate executor. No matter
where you store the documents,
just be sure that the designated
people know where the papers
are located and how to access
them. By properly storing the
documents today, you can
help prevent emotional and
financial burdens in the future.
Be Prepared to Assist
Once you have helped your
family member to get organized,
the next step involves helping
them with any small, informal
changes they may need. If given
the choice, most people want
to continue living in their own
homes, rather than moving in
with a relative or to assisted
living. However, they may need
help with everyday activities.
You may want to help them hire
a daily money manager to help
with bills and mail, a cleaning
or shopping service, or perhaps
enlist a trusted friend or loved
•
National Council on Aging
(https://www.ncoa.org/),
National Association of
Area Agencies on Aging
(https://www.n4a.org/), a
Aging Life Care Association
(https://www.aginglifecare.
org/), formerly known as
the National Association
of Professional Geriatric
Care
Managers,
and
local elder law attorneys.
In-home caregivers are a
wonderful option, but it
is also important to keep
checking on your loved ones
and overseeing any hired help.
Unfortunately, financial abuse
of the infirm and elderly has
become a growing problem, so
it is best to check-in regularly
to make sure the finances
are being handled properly.
Know When Guardianship is
Necessary
The roles of adult and child
begin to change as the younger
generation becomes more
involved in managing their
parents’ and family members’
daily lives. Adult children help
manage finances, double-check
that their parents and family
are going to the doctor, and
that there is plenty of food
and supplies in the house.
This is a natural, normal
progression. But at some point,
the child may have to step
in and seek a guardianship
for their parent or parents.
A guardian is a court-
appointed individual who is
responsible for the care of
another person – when that
person is otherwise not able
to take of themselves due to
age, health, or other issues.
Duties and responsibilities of
a guardian can include daily
needs, housing, nutrition,
medical care, shopping, etc.
A guardian typically works in
tandem with a conservator,
who is a court-appointed
individual
responsible
for managing a person’s
financial needs and assets.
Unlike appointing a power of
attorney, which is a voluntary
choice, a guardianship is
ordered by the court and
forcibly removes rights from the
incapacitated adult. Petitioning
for guardianship is a step that
should only be taken when the
person truly needs it. Proper
planning when an individual
is healthy and competent often
makes a guardianship avoidable.
Have a Plan in Place
No one wants to consider the
worst, but things can unravel
very quickly if the proper legal
documents are not in place. Be
sure to have ongoing discussions
with family members about
what medical and financial
choices they want made.
Make sure you know where
the important documents are
stored, who the key decision
makers are, and be prepared
to help where needed. Being
prepared will give both you and
your family members peace
of mind as you move forward.
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