Essential Documents
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Essentials documents can save you from 'Guardianship', can prevent a denial of access to information due to HIPAA and will make sure those family members you want to help you with matters if you are disabled, will be empowered to do so.
Your Durable Financial Power of Attorney is THE MOST IMPORTANT document in your portfolio. But beware, it is also the document most used by family members for financial abuse. But without it, you will have a high probability of being a "ward of the Court"! Do not settle for just 'any ole POA' and certainly do not look for the cheapest - because there are very important paragraphs that retired folk need - make sure the POA has what you need by using a Certified Elder Law Attorney! Next, in importance, would be your Health Care Durable Power of Attorney. Yes, you need BOTH! Just make sure this document includes the specific language from the Federal law which deals with the HIPAA Privacy waiver.
Thirdly, you should have an Ohio Living Will or the appropriate document in your state telling the medical professionals whether or not you want artificial hydration or nutrition if you would be in a terminal medical state. In your state the document might be called a health care directive.
The final essential document is your Last Will and Testament. Please make sure this is drafted to represent your wishes but do not stop there! Ask your attorney to make sure your heirs will never have to use your Will because your attorney has helped you avoid the probate process. You see, only assets ( for example bank accounts) which do NOT have a beneficiary listed will be controlled by your Will. So ask to have an estate set up to make sure it is Private not public - no probate court! You will not avoid taxes this way but you will save much time and money and you will keep things private, by avoiding probate.
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Ohio Living Will
This document names the agents you want the medical professionals to contact if you are either ‘permanently unconscious’ or in a medically defined ‘terminal state’. This is a Declaration as to whether or not you wish to have artificially administered water and food when you are unable to receive them yourself. The State of Ohio has an interest in prolonging life. Therefore, without you indicating that you do not wish this artificial hydration and nutrition, the State will order it administered to you. |
Healthcare Durable Power of Attorney This document names agents to act on your behalf should you not be mentally or physically able to decide some medical protocol for your own treatment. Decisions for an operation, drug therapy or physical therapy must be made by a duly appointed agent – that’s what this document does. Oh, one more thing, you can get this document free at hospitals but those documents will not have the Federal HIPAA Waiver language in them. This Waiver is essential or else the healthcare provider can deny you the medical records of your loved one! |
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HIPAA Waiver This is a stand alone HIPAA Waiver wherein you name the persons you want to be able to access your medical information. This federal privacy law is quite strong and hospitals, nursing homes and medical clinics are refusing transfers of medical information if there is no HIPAA waiver signed by the patient. Again, like the Financial POA, this should be renewed every 5 years. |
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Financial Durable Power of Attorney This document is the most important document you could create. This POA gives your agents power to control your financial and legal matters. Choose your agents wisely. Choose someone you trust and who will put your needs in front of their own. Please understand no matter how scary that concept is, it’s worse if you have to become a ward of the Court under a forced Guardianship! This POA document, when properly executed, can prevent Guardianship proceedings. This is a self-help site and we make no representation to you as to whether this is the proper legal document for you. Please answer the questions on the questionnaire. This POA was developed by a Certified Elder Law Attorney, Don H. Chapin, and its use was assigned to Serving Seniors Inc. for use by aging adults over 60 years and a person of any age who lives with a disability. Your answers will be sent to a paralegal and the finished document will be mailed to you within 48 hours. After receiving the document, please sign the document where indicated in the presence of a notary and in the presence of two (2) independent witnesses. No relatives please as witnesses or notary. In many jurisdictions, relatives as witnesses or notary is not preferred. |
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