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Advance Directives

Elder Guardianship Guide

Elder Guardianship Guide

Often, people experience debilitating illness before they are able to appoint a health care proxy or a durable power of attorney. This may leave no single authority with the power to make decisions regarding his/her finances, property, and health care. Family members and close friends may argue over various important aspects of an individual’s affairs. If an individual wishes to obtain responsibility for an incapable person, he/she may choose to petition the court for elder guardianship.
When an individual obtains elder guardianship, he/she will be responsible for overseeing his/her elderly ward’s finances, property and health care. He/she may be required to write checks and utilize the ward’s funds to benefit the ward’s well-being. An individual granted elder guardianship may also be required to make decisions regarding important medical treatment and procedures. For example, a legal guardian may have to decide whether or not to begin or end life support, as well as whether or not a medical professional should attempt resuscitation.
Elder guardianship is often a difficult and upsetting responsibility. However, if an individual obtains legal guardianship over a loved one, he/she will have the ability to ensure that the patient’s wishes and desires are preserved.
In order to obtain elder guardianship over an individual, a petitioner will be required to file paperwork with a local court. Generally, a petitioner will be required to provide evidence that the ward is not capable of effectively handling his/her own affairs.
A hearing will be held, in which a judge will determine whether or not the ward is in need of a guardian, and whether the petitioner would make an appropriate guardian. If a judge approves the petition, the petitioner will receive rights to govern decisions regarding the ward’s finances and health care.
If the judge decides that the ward requires a guardian, but the petitioner is not an acceptable option, then the judge may appoint a guardian ad litem. A guardian ad litem is an individual that is appointed by a judge to manage the affairs of a dependent individual for a short period of time.
Generally, a guardian ad litem will only remain an individual’s guardian until a suitable legal guardian can be appointed. In other instances, a guardian ad litem may be instated to oversee only certain affairs or aspects of an individual’s life. For example, a guardian ad litem may be appointed to manage his/her finances and not his/her health care.
This legal authority will also carefully review a case to assist a judge in determining whether or not a petitioner would be a successful legal guardian. Legal guardians and guardians ad litem are essential in ensuring that helpless elder individuals are provided with appropriate care and are not subjected to exploitation, neglect, or abuse.
The obligations inherent in elder guardianship are often arduous and difficult. However, legal guardians can be comforted by the knowledge that they have done their best to improve the life of another individual. 

Your Background on Advance Directive

Your Background on Advance Directive

In most cases, advances in modern medical technology are
considered to be beneficial to society. However, these procedures are often
utilized to prolong the lives of terminally ill and individuals and patients in
a comatose or vegetative state. As such, advances in health care technology
have caused many people to seek advance directives in order to ensure that
their wishes regarding health care treatment and procedures are upheld. If an
individual does not possess an advance directive, it is likely that he/she will
be subjected to resuscitation and life support techniques in the event that
he/she experiences cardiac arrest, respiratory failure, or any other form of
life-threatening complication. These techniques and procedures are often
painful and expensive. They generally only succeed in prolonging life for a
short time, not curing illness or comforting a patient. Tens of thousands of
patients are kept alive in a vegetative state, with very little or no chance of
recovery. This increases the emotional and financial burden faced by family
members. Indeed, it may be very difficult for an individual’s family to
determine the proper course of action, and this may cause them to experience
guilt and remorse, especially when they are forced to make a decision regarding
the discontinuation of life support. 


It is therefore important for an individual to make
his/her beliefs on these matters known. This can be accomplished through advance
directives. Advance directives are legal documents representing the wishes of
an individual in regard to medical treatment and procedures. If an individual
becomes comatose or otherwise unresponsive due to terminal illness or
deterioration, an advance directive will inform family and medical professionals
of his/her wishes. Advance directives have various different uses. For example,
an advance directive may indicate whether or not an individual wishes to be resuscitated
in the event of respiratory or cardiac
failure. These documents may also display his/her feelings about life support
techniques, including the use feeding tubes, catheters, and pacemakers. If an
individual does not wish to be kept on life support, this too can be stated in
a living will
. An advance directive will also provide an
individual with the ability to appoint a health care proxy
and a durable power of attorney. These authorities will be given the power to
make decisions regarding an individual’s health care in the event that he/she
is unable to speak for himself/herself.

Establishing advance directives is the best method of ensuring that family
members and medical authorities are aware of one’s wishes regarding medical
treatment. It is important for an individual to review his/her state laws
regarding the use of an advance directive, as the governing rules and
regulations vary a great deal by state. It is also important to understand that
these are legally binding contracts. In most cases, the conditions that are
outlined in an advance directive must be adhered to. Therefore, it is
essential for an individual to thoroughly and completely consider everything
included in these documents. If an individual fails to establish advance
directives, a court may appoint a guardian to oversee his/her medical treatment
and financial affairs, and to ensure that all decisions that are made are in
the “best interests” of the patient, but this does not guarantee an
individual’s true wishes will be acknowledged. 


Purpose of Durable Power of Attorney

Purpose of Durable Power of Attorney

As an individual ages, he/she may choose to take certain measures to ensure that his/her wishes are upheld by medical professionals. He/she may choose to create a living will, in which he/she will have the ability to detail the types of life support that he/she approves of, and what procedures he/she does not want conducted. Likewise, an individual may choose to sign a Do Not Resuscitate order, directing doctors and paramedics not to attempt cardiopulmonary resuscitation in the event of respiratory failure or cardiac arrest
 Another precaution that an individual may choose to take is instating a durable power of attorney. When an individual assigns a durable power of attorney, he/she is giving another individual shared power over decisions regarding his/her health care, finances, and property. As long as an individual remains alert and mentally able, a durable power of attorney will be required to adhere to his/her wishes and commands.
For example, if an elderly individual needs to obtain money from a bank, a durable power of attorney can attain the funds and deliver them to him/her. However, if the ward remains healthy, the appointed individual will not be permitted to make decisions regarding his/her health care or assets without his/her consent.
Unlike a general power of attorney, a durable power of attorney has the ability to make decisions for an individual in the event that he/she enters a vegetative state, becomes unresponsive, or is incapacitated in a way that prohibits him/her from effectively making decisions. When appointing a durable power of attorney, an individual has the ability to specify what aspects of his/her life that attorney will govern.
An individual can appoint a durable power of attorney for healthcare, finances, or property. If an individual chooses to specify the responsibilities of a power of attorney in this matter, he/she may appoint one person to oversee his/her healthcare and another to assume responsibility for his/her property and financial funds.
A durable financial power of attorney may be responsible for cashing checks, withdrawing and utilizing financial funds, and selling his/her property. On the other hand, a durable power of attorney for healthcare will be obligated to ensure that an individual’s wishes are upheld by medical professionals in the event that he/she is unable to speak for himself/herself. A durable power of attorney for healthcare is often required to make difficult and upsetting decisions, such as when to discontinue life support.
If an individual has not established a living will or a DNR order, a durable power of attorney for healthcare will be required to convey the individual’s desires. If he/she does not wish to be resuscitated or be put on life support, the appointed attorney must inform the medical officials thus. Therefore, it is essential for an individual to select someone they trust when appointing a durable power of attorney for healthcare. 

What You Need to Know About Do Not Resuscitate Orders

What You Need to Know About Do Not Resuscitate Orders

Like a living will, a Do Not Resuscitate order plays an important role in ensuring that an individual’s wishes are considered when life-saving procedures are administered. A Do Not Resuscitate order will direct doctors and paramedics not to attempt resuscitation through cardiopulmonary resuscitation.

There are numerous reasons that an individual may want to obtain a DNR. CPR can save an individual’s life if he/she experiences cardiac or respiratory failure. However, in many cases, an individual that suffers from these traumatic conditions will not be able to enjoy the same quality of life that he/she once did. This is especially true when an individual is elderly and suffering from a terminal illness or a quickly deteriorating physical state. If he/she is resuscitated, he/she may still have to rely on life support for continued existence, oa he/she may remain in a vegetative state.

People that have been combating terminal illnesses are often physically and emotionally exhausted from their battle, and they are ready to end the fight when their body decides that it is time. In many cases, elderly individuals that are suffering from increasing physical deterioration have made their peace and are ready to move on. In these situations, an individual may create a DNR so that paramedics and doctors are aware that he/she does not wish to be resuscitated.

Determining whether or not to obtain a DNR may be difficult and emotional for an individual. In many cases, an individual will consider this option before he/she enters a hospital to obtain a surgical procedure. If he/she wishes to attain a Do Not Resuscitate order, he/she will be required to have it approved by his/her physician.

If a doctor approves a DNR, it is a legally binding document to which all medical professionals must adhere. A DNR is not only important when an individual is staying in a hospital, but may also prove necessary if paramedics must provide life saving support to an individual in his/her home. An individual may wish to obtain an out-of-hospital Do Not Resuscitate order.

This document should-be posted in a visible location in his/her home. In the event that an individual suffers from cardiac or respiratory failure in his/her home, paramedics will see the document and be aware that he/she does not with to be revived. Some individual choose to wear a bracelet or a necklace that indicates that he/she has signed a Do Not Resuscitate order. This will help to ensure that his/her wishes are met.

A DNR form can usually be obtained by visiting a local doctor’s office. The necessary paperwork may vary by state; therefore, it is essential to ensure that an individual creates a DNR in the state in which he/she resides. While the process of obtaining a Do Not Resuscitate order is often upsetting, it will allow an individual to rest assured that his/her wishes will be upheld. An individual should carefully consider the consequences of enacting a DNR before he/she chooses to sign this legally binding document.