FYI: For many people, enlisting the help of an attorney is the most surefire way to shore up any potential legal issues. To learn more, read our guide to elder law attorneys.
In 2020, the number of Americans providing unpaid care for loved ones rose to 53 million people. While caring for a loved one can be a significant and fulfilling experience, it can also introduce a host of legal and financial obstacles, in addition to the actual labor of caregiving. Not dealing with these issues in the short term can result in serious problems.
Here’s how to get your legal affairs in order.
FYI: For many people, enlisting the help of an attorney is the most surefire way to shore up any potential legal issues. To learn more, read our guide to elder law attorneys.
As our loved ones age, it can be harder for them to keep track of their essential legal and financial information. Introducing a durable power of attorney (POA) can be a way to stay organized.
This designated person (possibly you) will be able to make legal decisions for your loved one and keep track of their documents. POAs can be medical or financial, depending on the types of decisions needed. Creating a durable POA means it will remain in place even if your loved one becomes incapacitated.
If your loved one’s neurological or physical health is in question, a POA will allow you or someone you trust to make important decisions in an emergency, as well as carry out everyday tasks like paying bills. Also, creating a POA will give you the opportunity to find or create necessary personal documents.
A plan of care is a document listing and describing the exact care your loved one will receive. It can be as detailed as a legal document, or — in most cases — as simple as a checklist and schedule for caregiving.
Simply stating when you or your care team will be with your loved one and what you will be doing counts as a plan of care, as long as it is written down. To determine what might go into your plan of care, assess your loved one’s needs, from daily activities like cooking and cleaning to social interaction. A well-prepared plan of care will make sure your loved one’s needs are met.
In many cases, a plan of care can almost look like a chore chart. For example, on Monday and Tuesday, you keep your mother company, while a home caregiver does so for the next two days, and a sibling takes over on weekends. Having everything written down ensures that your loved one’s needs are met at all times.
If you plan on caregiving, it is important to have all of your loved one’s legal documents on hand. This not only keeps you up to date, but also simplifies the process of writing a plan of care or designating a power of attorney. Missing important documents may prevent you from completing important forms or accessing services.
Essential documents include birth and marriage certificates, divorce decrees, citizenship papers, death certificates of a spouse or parents, power(s) of attorney, deeds to property, deeds to cemetery plots, military discharge papers, insurance policies, and pension benefits.
Long-term caregiving can be very expensive for both provider and patient. If you need financial assistance, there are many such programs, including free meals and other services. The most significant is Social Security, which seniors get after having paid into during their working years. There are also programs available through Medicare, Medicaid, and the VA. It may also be worthwhile to look into life insurance. Be sure to research options near you in order to provide the best care for your loved ones.
Even the best and most dedicated caregivers cannot prepare for every situation; nobody can handle everything alone. This is why backup plans and support networks of senior care are essential should there be an emergency. If you are considering options such as assisted living, it is best to do your research early, rather than facing a hasty decision after an emergency.
Being prepared as early as possible can make caregiving easier for both you and your loved one.