Do you have aging parents you and your family care for? During the COVID-19 crisis, were you and your family concerned about how you would be able to respond to a health care crisis involving your aging parents? The pandemic left many of our senior loved ones unable to care for themselves and often families realized, too late, that they lacked the basic health care legal documents needed to act effectively on their behalf.
In preparing to care for the needs of your aging parents should they become incapacitated due to an illness or accident, you should take steps now to protect your aging parents by addressing their need for an estate plan. Estate planning is more than just creating wills and trusts, it also includes drafting legally sound health documents.
Legal health documents created with your Connecticut estate planning attorney can protect your aging parentsin a crisis created by COVID-19, an accident, or other health issues like dementia and Alzheimer’s disease. However, there are four mistakes we caution you to avoid when using the estate documents of your aging parents to advocate for them.
1. Avoid the mistake of not understanding what a living will is for. A mistake many people make is thinking that a living will is another name for a last will and testament. It is not. A living will is a separate legal document that informs everyone what the personal choices are concerning the health care of your aging parents, and in particular their end-of-life medical decisions.
2. Avoid the mistake of not knowing the wishes of your aging parents in regard to their health care. Do you and your family know the health care concerns or wishes of your aging parents? Have you and your family ever had specific conversations with your aging parents about their health care and put them in writing? In writing down their health care preferences, if the document is unclear or not even known about, then the document will be ineffective. Make plans now to have your aging parents meet with a qualified Connecticut estate planning attorney to construct accurate health care documents or update existing documents.
3. Avoid the mistake of not understanding a health care document. The health care document, created with your Connecticut estate planning attorney, is a very important tool to have in the estate plans of your aging parents. While your parents have capacity, they can each choose a trusted family member or friend to advocate for them in a health care crisis. This person will be named as their agent. All family members must understand and know that the agent will be tasked with advocating for the incapacitated aging parent if needed.
4. Avoid the mistake of choosing the wrong person as “agent”. Your aging parents, when choosing their agent, need someone they trust to advocate for them and follow their wishes. Someone who will be available whenever he or she is needed.
We know this article may raise more questions than it answers. We want you not to wait to learn more about this critical issue facing all of us, but most importantly Connecticut seniors. Remember, being prepared is the best defense you can have in place. The Northeast Law Center practices law in many Connecticut counties including Hartford, New London, Tolland and Windham. We encourage you to contact us and schedule a meeting.