It is important to have a crisis communication plan in order and it is even more essential to prepare for life’s difficulties before you are in the middle of a crisis. It is easier to collect paperwork, assign a Power of Attorney and choose an agent for your Health Care Proxy when you are not visiting a loved one in the hospital, feeling pressure to say everything is ok when you’re not sure it will be. We all make better decisions when not operating in an emergency mode.
It is advantageous to sit down with family and discuss wishes and practical matters when there is not a health care threat looming over you. This is considered crisis communication planning! No matter your age, once you are of legal age, it is important to do your homework and put your house in order. Reviewing advance directives is a good place to start. Advance directives are legal documents that spell out your wishes for end-of-life care. Generally, advance directives include two documents, which are: a living will, and/or a health care proxy.
1) Last Will and Testament:
A properly-filled-out Will allows you to:
- appoint guardians for your minor children
- distribute your assets as you see fit instead of allowing the state to distribute them according to its laws
- appoint an individual or entity to administer your estate instead of letting your loved ones fight it out
2) Advance Care Planning:
A. Health Care Proxy: A health care proxy allows you to designate and assign a health care agent (family member or friend) to make health decisions on your behalf in the event that you are no longer able to do so on your own. The proxy would have the responsibility to carry out your wishes in regards to medical decisions including treatments, tests and procedures. Blank health care proxies can be found on-line specific to the state you live in. Here is a health care proxy form for New York residents.
B. Conversations: Let your agent know your wishes regarding life sustaining treatments (Do Not Resuscitate, Do Not Hospitalize and Do Not Intubate). Talk about what type of quality of life is important to you. Your wishes will change over time based on your overall health and care needs. It is important to keep the dialog open and updated as your wishes change. Talk about Organ Donation as well; if you would like to be a donor, let your agent know that, too.
3) Finances:
A. Power of Attorney (POA): A power of attorney allows a trusted family member/friend, to carry out certain financial, legal and business activities on your behalf. You can assign the agent certain powers, as well as instructions which allow them to carry out your wishes in your best interest. A power of attorney must be completed when you have capacity but can be used in the event that you become disabled or incapacitated, if you specify so. This document allows your loved ones to handle your matters directly in the event of incapacity without going through a lengthy and expensive guardianship proceeding. A power of attorney becomes invalid upon the individual’s death; at that time, financial and legal matters fall to the executor of the Last Will and Testament.
B. Preparing for Medicaid: Applying for Medicaid is not an easy thing to do. Depending on the type (community versus chronic) there are different “look-back” periods. This means you will need to present either three months’ worth of financial documentation or five years’ worth. I always suggest that you purchase an accordion file and start collecting copies of bank statements, proof of income (including a social security award letter), and proof of insurance, assets, deeds and property information. As time goes by and you’re still collecting, throw out the oldest in order to maintain the five year period. A more in-depth list of required documentation can be found on your county’s website. Eldercare attorneys are also great resources for information and assistance in planning for your future. They are specifically trained to work with Medicaid and understand the various rules and regulations.
When it is time to make decisions, it is important to have a crisis communication plan before an actual crisis occurs. Make it a priority, and start planning today!
