100 Years
Facebook Linked in
Davidow, Davidow, Siegel & Stern, LLP
Long Island's Elder Law, Special Needs & Estate Planning Firm

Friday, May 29, 2009

The Top 10 Health Care Mistakes Made by the Elderly

The Top 10 Health Care Mistakes Made By the Elderly

Americans are living longer than ever before, but many older Americans could better deal with their health problems, according to the Institute for Healthcare Advancement (IHA). To help the elderly stay healthier longer, the IHA has identified the 10 most common mistakes older Americans make in caring for their health.

The Institute is a non-profit organization based in La Habra, California, that demonstrates innovative health care practices and educates health care professionals and consumers.

The IHA's 10 most common health care mistakes made by the elderly are:


Driving when it's no longer safe
The elderly often associate mobility in a car with their independence, but knowing when it is time to stop driving is important for the safety of everyone on the road. Decisions about when to stop driving should be made together with a family physician because chronological age alone does not determine someone's fitness to drive.


Fighting the aging process and its appearance
Refusing to wear a hearing aid, eyeglasses or dentures, and reluctance to ask for help or to use walking aids are all examples of this type of denial. This behavior may prevent the senior from obtaining helpful assistance with some of the problems of aging.


Reluctance to discuss intimate health problems with the doctor or health care provider
Older Americans may not want to bring up sexual or urinary difficulties. Sometimes problems that the individual thinks are trivial, such as stomach upsets, constipation, or jaw pain, may require further evaluation.


Not understanding what the doctor told them about their health problem or medical treatment plan
"I could not understand the doctor," or "He told me what to do, but you know me, I can't remember what he said‚" are typical complaints. Reluctance to ask the doctor to repeat information or to admit that they do not understand what is being said can result in serious health consequences.


Disregarding the serious potential for a fall
Falls result in fractures and painful injuries, which sometimes take months to heal. To help guard against falling, the elderly should remove scatter rugs from the home and have adequate lighting in the home and work areas. They should wear sturdy and well-fitting shoes, and watch for slopes and cracks in sidewalks. Participating in exercise programs to improve muscle tone and strength is also helpful.


Failure to have a system or a plan for managing medicines
Missed medication doses can result in inadequate treatment of a medical condition. By using daily schedules, pill box reminders or check-off records, seniors can avoid missing medication doses. Because health care providers need to know all of the medicines that an elderly patient is taking, patients should maintain a complete list of all their prescription and over-the-counter medicines, including dose and the reason that the medicine is being taken.


Not having a single primary care physician who looks at the overall medical plan of treatmentHealth problems may be overlooked when a senior goes to several different doctors or treatment programs, and multiple treatment regimens may cause adverse responses. The patient may be over- or under-treated if a single physician is not evaluating the full medical treatment program.


Not seeking medical attention when early possible warning signs occur
Reasons for such inaction and denial may include lack of money or reduced self worth due to age. "I am so old it doesn't matter anymore." Of course, such treatment delays can result in a more advanced stage of illness and a poorer prognosis.


Failure to participate in prevention programs
Flu and pneumonia shots, routine breast and prostate exams are examples of readily available preventive health measures that seniors should utilize to remain healthy.


Not asking loved ones for help
Many older Americans are simply too stubborn to ask for help, whether due to an understandable need for independence or because of early signs of dementia. It's important that elderly people alert family members or other loved ones to any signs of ill health or unusual feelings so that they can be assessed before the problem advances.

In an effort to help older Americans become less fearful of medical conditions and more empowered about their health, the IHA has published What To Do For Senior Health, an easy-to-understand, self-help medical book for senior citizens. For more information or to order the book, call (800) 434-4633 or go to www.iha4health.org.

Source: www.elderlawanswers.com

Thursday, May 7, 2009

Why Not Just Use an Off-the-Shelf Power of Attorney Form?

A durable power of attorney is one of the most important estate planning documents you can have. It allows you to appoint someone to act for you (your "agent" or "attorney-in-fact") if you become incapacitated. Without a power of attorney, your loved ones would not be able to make decisions for you or manage your finances without asking the court to appoint a guardian or conservator, which is an expensive and time-consuming process.
There are many do-it-yourself power of attorney forms available; however, it is a good idea to have an attorney draft the form for you. There are many issues to consider and one size does not fit all. Working with an attorney from the Elder Law and Estate Planning firm of Davidow, Davidow, Siegel & Stern ensures that you will be covered.
The agent's powers
The power of attorney document sets out the agent's powers. Powers given to an agent typically include buying or selling property, managing a business, paying debts, investing money, engaging in legal proceedings, borrowing money, cashing checks, and collecting debts. They may also include the power to consent to medical treatment. Some powers will not be included unless they are specifically mentioned. This includes the power to make gifts and the power to designate beneficiaries of your insurance policies.
The power to make gifts of your money and property is a particularly important power. If you want to ensure your agent has the authority to do Medicaid planning on your behalf in the event you need to enter a nursing home, then the power of attorney must give the agent the power to modify trusts and make gifts. The wording in a power of attorney can be significant, so it is necessary to consult an attorney.
Springing or immediate
The power of attorney can take affect immediately or it can become effective only once you are disabled, called a "springing" power of attorney. While a springing power seems like a good idea, it can cause delays and extra expense because incapacity will need to be determined. If the power of attorney is springing, it is very important that the method for determining incapacity is clearly spelled out in the document.
Joint agents
While it is possible to name more than one person as your agent, this can lead to confusion. If you do have more than one person named, you need to be clear whether both parties need to act together or whether they can each act independently. It might make more sense and be less confusing to name an alternative agent to act in case the first agent is unable to.
Appointing a guardian
Another use of a power of attorney can be to nominate a guardian in case guardianship proceedings become necessary. Including your preference for a guardian can allow you to have some say over who will be managing your affairs. Usually, the court decides who will be chosen as a guardian, but in most circumstances, the court will abide by your nomination in the durable power of attorney.
Executing the power of attorney
To be valid a power of attorney must be executed properly. Some states may require a signature, others may require the power of attorney to be notarized, and still others may require witnesses. It is important to consult with an estate planning attorney in your state to ensure your power of attorney is executed properly.
Accepting a power of attorney
Even if you do everything exactly right, some banks and other institutions are reluctant to accept a power of attorney. These institutions are afraid of a lawsuit if the power of attorney is no longer valid. Many banks or other financial institutions have their own standard power of attorney forms. To avoid problems, you may want to execute the forms offered by the institutions with which you have accounts. According to a MarketWatch.com article, you need to be careful that you don't sign a bank's document that inadvertently restricts a power of attorney's ability to deal with other assets, and you should check that any documents you sign with a bank match the original power of attorney.

Source: www.elderlawanswers.com