Post on 07-Aug-2015
transcript
Our Valued Sponsors
American College of Trial Lawyers through Emil Gumpert Award
H.J. Heinz Company Foundation
Our Topic
Protection through Powers of Attorney
and Living Wills
Presented by Sally L. Schoffstall, Esq.Schoffstall Elder Law, LLC
What are Advance Directives?
• Written legal documents that instruct or
authorize others to act on your behalf incertain situations
• Instructions prepared in advance of need
• Protection for yourself and your family
What Kinds of Advance Directives Should I Consider?
1. Power of Attorney (POA)- A legal document that authorizes an
“Agent” that you choose to handle
your affairs and/or make decisions for you if you cannot, or choose not to, act for yourself
- More about this shortly
What Other Kinds of Advance Directives Should I Consider?
2. Living Will- A legal document that conveys your
wishes about future life-sustaining
treatment if you have:- An end-stage medical condition
- Suffered irreversible brain damage
- Entered a permanent unconscious state
- More about this shortly
Should I Consider Any Other Kinds of Advance Directives?
3. Out-of-Hospital Do Not
Resuscitate Order (DNR)
4. POLST
Who Acts for Me if I Have Not Planned Ahead?
1. A Petition can be filed to
request the court to assume control of you and your estate
- Family member, friend or person interested in
your welfare may
petition
What’s Wrong with Having a Guardian?
• Guardianshipproceedings are inconvenient, time-consuming and costly
• Person appointed may not be your choice
• Many of your rights are at stake
What is a Power of Attorney (POA)?
• A legal document that authorizes an “Agent” of your choosing to handle your affairs and/or make
decisions for you
- Sometimes “Power of Attorney,” “Agent” and “Attorney-in-Fact” are used interchangeably
How Does a POA Protect Me and My Family?
• A well-drafted POA- Eliminates delay,
complications and expense of petitioning the court
- Ensures that your Agent can handle your affairs
What Things Can an Agent Handle?
• Arranging your physical care and protection
• Meeting your financial responsibilities
• Protecting/managing your property
• Managing investments
• And more…
Our Focus
• Power of Attorney
as a Planning Tool - Preparing a POA in
advance as you grow
older is like appointing an understudy to take
over if you can no longer perform
Choosing an Agent For Your POA
• Select someone who:- Has earned your trust
- Knows you well
- Shares your values
- Acts responsibly under stress
- Has experience managing another’s affairs
- Understands legal responsibilities of acting as Health Care Agent
What is a LimitedPower of Attorney?
• Defines and narrowly limits matters it covers
• Banks use limited POA forms authorizing check transactions, safe deposit box access, etc.
• Typically insufficient as a planning tool
What is a GeneralPower of Attorney?
• Can provide very broad permissions
• Appropriate as a planning tool
How Long Do These Powers Last?
You decide:
• For a designated time period
• For a period limited by circumstance, e.g.,
only while you are in a nursing home
or rehab
• For an unlimited period: Durable POA- Durable POAs can be automatically revoked in limited circumstances
Requirements Under POA Statute
• Notice form- Informs Principal of basic powers and duties of Agent
• Acknowledgment form- Solicits Agent’s pledge to act prudently and responsibly on behalf of Principal
• NOTE: Neither form is required for Healthcare POA
What Should I Do After I Complete My POA Document?
• Give a copy to your Agent
• Retain original with your important papers
• Go to your bank
When Should I Prepare a Power of Attorney?
• As soon as possible
• Ideally, before you need it
• You can sign a POA only if you have the capacity to
understand the powers you are assigning
How Does a Living Will Protect Me and My Family?
A Living Will ensures:
• Your wishes regarding medical care are respected if you have an end-stage medical condition and are incompetent, or become permanently unconscious
• Your family is spared the guilt or burden of making the “right” decisions
Contents of a Living Will:Treatment Instructions
States your wishes, if you have end-stage medical condition or are permanently unconscious, regarding:
• Treatment for comfort or pain relief
• CPR
• Life-prolonging procedures
Signing a Living Will
• Who can legally sign?- Anyone age 18 or older, or
- Anyone who is married, or
- Anyone who is a high-school graduate, or
- Anyone who is an emancipated minor
• Who must witness a Living Will?- Two adults must sign as witnesses
When Does the Living Will Become Effective?
• When it has been signed & witnessed
• When attending physician has a copy
• When person who signed the document:
- is determined to be incompetent AND to have end- stage medical condition
- is permanently unconscious
• NOT in effect if you are alert and able to make decisions
What Should I Do with My Living Will Document?
• Some suggest signing several as originals
• Give a copy to Agent(s) and one
to your physician
• Bring a copy when admitted, even
if you provided it before
Is a Living Will Required by Law?
• Not required but advisable
• Health care facilities:- Required to tell
you that you may sign one
- Cannot require you to sign one
Can I Change My POA or Living Will?
You may alter a POA or Living Will at any time.
• Give updated version to those who received previous copies
• Discuss changes with your attorney, family, physician, Agent
Why Would I Change or Revoke My Advance Directives?
• Medical advances occur- Prognoses become
more promising
• People relocate
• Relationship changes between you and your Agent
• Attitudes about treatment change
Must an Attorney Prepare Powers of Attorney and Living Wills?
Not required but recommended due to:• Experience in relevant areas of the law
• Expertise in drafting documents that reflect your circumstances and wishes
Preparing Planning Documents: Doing it Yourself
Use of do-it-yourself POA forms is discouraged − risks entailed
Preparing Planning Documents: Consulting an Attorney
• Referrals- Ask trusted advisors/friends/relatives
- Contact local Bar Association
Preparing Planning Documents: Consulting an Attorney
• Free of charge referrals
- North Penn Legal Services
- 559 Main St., Ste. 200, Bethlehem, PA 18018
- Income-eligible residents ofLehigh and Northampton Counties
- Phone: (610) 317-8757
Thank YouThis seminar was co-sponsored as a public service by
REP. MIKE SCHLOSSBERG&
NORTH PENN LEGAL SERVICES
Presenting Attorney:
Sally L. Schoffstall, Esq.
SCHOFSTALL ELDER LAW, LLC
Seminar content provided by:
Joseph M. Olimpi, Esq., Neighborhood Legal Services Association
and Heidi Rai Stewart, Esq., Houston Harbaugh, P.C.