Caregiving is an important responsibility. It involves providing essential services to another person (often a senior), helping empower them to live their best life even as they age.
Understanding the Caregiver Role
Caregivers must understand the tasks and responsibilities they may be taking on, and think carefully about what boundaries they’d like to set in advance. Doing this is a crucial part of performing the job well and ensuring each person receiving care gets the help they need.
Caregiving works best when it’s a community effort. There’s a lot of joy in caregiving (which is something not everyone expects when they go into it). You may think of caregiving as “This is how I’m helping someone else,” but you’re actually helping your future self as well. Caregiving provides an opportunity to think about your goals and be more proactive about aging than you would have been if you weren’t a caregiver.
It takes a village to be a caregiver – so don’t forget to lean on the support of others during this time. (More about that later!)
Some typical roles of a caregiver include tasks such as:
Planning or providing transportation for loved ones
As a caregiver, it’s important to remember that the role can sometimes present physical and emotional challenges. Working to meet this head-on and find solutions is an important part of advocating for the individual you care for and yourself. Don’t forget to laugh where you can – it’s a great way to cope with the emotional and physical strain, build rapport, and enjoy this season!
Planning to Help Them Age in Place
Aging in place refers to the ability of an individual to live in their home and community safely and independently. Caregiving can help facilitate this process, enabling seniors to keep their homes rather than move into an assisted living facility.
(Aging in place isn’t the only option, however; some older individuals prefer to downscale or move into an assisted living facility for more companionship. Make the choice that works best for you and your family.)
Proactive caregiving should always provide a supportive environment for daily living activities. Evaluate the home for potential hazards and make necessary modifications and adaptations.
Some helpful and simple changes that can significantly increase safety include:
Everything they need, on one level. Although most people opt for single-story homes, it is possible to have a multi-story home and still embrace this principle. For example, April has everything she needs on the ground floor of her home except her washer and dryer. But she plans to hire someone to do her laundry once she can’t make it up and down the stairs safely!
Installing grab bars and ramps. All of us lose our balance sometimes, but as we age, it can become more common. Having something to provide stability within the home is important.
Using non-slip flooring and removing throw rugs. What is the point of throw rugs, anyway? Over time, they all curl up and cause a major tripping hazard.
Use cord covers. Unless you want to go entirely off the grid as you age, cords will be a part of your life. They can be a tripping hazard, but cord covers can help!
Exploring accessible technology resources. Another aspect of aging can be limited vision and hearing. It can be helpful to find ways around these impairments.
Using medication management apps. Reminders are especially important to those who need to take their medicine at the same time daily.
Building a Support Network
Anyone who has worked in caregiving knows that it is overwhelming. Having a strong support network for both caregivers and the senior individual is of the utmost importance.
Caregivers should seek to involve family and friends in the caregiving journey as much as possible. These people can provide much-needed assistance and emotional support as the situation is navigated. It’s also wise to utilize professional support, such as home healthcare aides or respite care services. Remember, you can’t pour into someone else’s life if you are empty, so respite care can be vital for your well-being!
There are also many community organizations and support groups that connect caregivers with others who understand their experiences.
Remember – a support network doesn’t have to just include those providing care to the person who needs care. A good support network should also provide care to the caregiver. As April says, “Don’t think you need to be a first-line caregiver to be important in the caregiver support system.”
Self-Care for Caregivers
Taking good care of yourself provides a strong foundation to care for others. Burnout is a common issue for caregivers but must be dealt with for the overall well-being of both the caregiver and the person who is receiving care.
So how should caregivers manage their mental health and levels of burnout?
Here are some ideas:
Practice mindfulness to stay emotionally healthy
Engage in hobbies to keep your creativity alive
Move your body and exercise
If you’re still feeling burned out despite your best efforts to manage your stress, it can be a wise idea to seek respite care services. These services can help provide you with a break from your caregiving responsibilities and allow you to rest. You can also consider joining a support group designed especially for caregivers!
But what if you’re a friend or family member of a caregiver and want to know how to support them?
Here are some specific examples you can use:
A daily or weekly phone call to check in
Giving your friend a break every now and then
A monthly hike with a friend (boom – friendship and exercise!)
Send a thoughtful card or letter their way to encourage them
Bring them homemade meals or gift cards
Communication and Decision-Making
Trust is one of the most essential components of caregiving and aging in place. Good communication helps facilitate this trust, allowing caregivers and those receiving care to speak honestly about future goals and preferences.
Legal preparations, such as establishing power of attorney or creating a living will, can help ensure the senior’s wishes are respected and get all involved parties on the same age about end-of-life planning. Ensure all decision-making processes are clearly outlined to avoid any conflicts or misunderstandings.
Supported decision-making involves everyone – not just the person who is approaching end of life, but those who are involved with their care and part of the overall support system. The most important thing a person of any age can do is to talk to their support system in advance.
First, talk to your family about your wishes, then write them down. Make sure everyone’s on the same page. If you can only do one of the two things, talk to your family.
Financial Considerations
Having finances in order is also crucial for aging in place. Understanding the insurance options and government assistance programs is important for caretakers to assist seniors with tasks like budgeting and managing support services. Resources that could prove helpful include FiftyForward and TCAD in Tennesee.
Long-term care insurance, veteran’s benefits, Medicaid, and Medicare are some common options that can help with the financial aspects of caregiving and aging in place. It’s best to seek help from a trusted financial advisor or insurance agent to work through these options and determine the best way to combine them, if possible.
Resources and Recommendations
Consider checking out books from your local library about caregiving or finding helpful websites about caregiving.
You can also ask for recommendations from caregiving friends or family about programs that will support you!
Community programs like meal delivery programs and dial-a-ride services provide social engagement opportunities and promote overall well-being for seniors. Be sure to find out what services are available in your area, as they can be wonderful enrichment opportunities.
Contact Graceful Aging Legal Services to Learn More!
Proactive caregiving makes it possible for seniors to successfully age in place. As a proactive caregiver, you should make it a top priority to create a safe and comfortable living environment for the person you’re caring for.
Understanding your role and what resources are available is critical in ensuring seniors maintain independence and dignity as they age, and having the right support can help you ensure you’re providing the best care possible so both you and the person you’re caring for have a positive quality of life.
At Graceful Aging Legal Services, we aim to help seniors age well. Part of this includes planning for their future and the future of their families. Want to learn more about aging in place? Contact us today, and we’ll help you prepare and organize so that major decisions aren’t looming over your head!
Everyone’s heard about it: a celebrity dies and their relatives come out of the woodwork, insisting that they deserve some piece of the estate. Even though most of us aren’t celebrities, it happens in otherwise happy families too, so let’s talk about what you can do to prevent it.
In fact, it happened in April’s family and led her to work with clients to prevent this exact scenario. By planning ahead for the transfer of your estate assets, you can ensure that your loved ones needs are met and that your hard-earned assets are protected for those you intend to get them!
This blog post will help you keep the peace, even after you’re gone.
Identifying Assets
Identifying and understanding how your assets pass after your death is one of the most important aspects of estate planning. This includes a review of any real estate that you own so that you can transfer it to your heirs.
Other assets to consider when making an estate plan include bank accounts, investment accounts, retirement accounts, and life insurance policies. Assigning beneficiaries for these types of accounts helps transfer assets quickly and smoothly but needs to be done in the context of your plan as a whole.
It’s also important to think about succession plans for any businesses where you have a role as an owner or investor. Valuable belongings, like jewelry, artwork, and sentimental items should be properly allocated in your will, trust, or even before you die as part of your estate plan. By identifying these assets you can create a well-rounded estate plan that safeguards your legacy, alleviates burdens for your loved ones, and ensures the effective execution of your intentions.
Choosing Beneficiaries
Our firm is probably a little different than most when it comes to naming beneficiaries. Most people will leave everything to a spouse and children, which is good because you can’t disinherit your spouse or minor children in the State of Tennessee.
However, outside of that, you’ll hear April tell everyone “No one is entitled to an inheritance.” (Yes, she tried to talk her own parents out of the typical distribution plan.) If you are part of a historically marginalized community, it may be important to you to pass on generational wealth, and that’s a great plan!
But there’s also nothing wrong with bypassing your immediate family in favor of a charitable organization that works towards a mission that you feel strongly about. Since Eliza Hamilton married one orphan and adopted another (in addition to founding the first private orphanage in New York City), it would have made sense for her to donate some of her fortune (were any of it left) to the orphanage upon her passing.
While pets can’t inherit outright in Tennessee, don’t forget that you can set up a pet trust to care for them when you’re gone or leave money to someone as your furry friend’s “caretaker.” You may also have close friends or more remote family members that you want to leave gifts to.
Remember, there are no “wrong” beneficiaries, except maybe Warren Buffett. The Oracle of Omaha has enough already- and he’s leaving it to charity!
Getting legal documentation in order will help prevent misunderstandings and disputes about your assets. Regularly reviewing and updating your choices guarantees your intentions align with evolving circumstances. For example, if your favorite nephew developed a severe gambling addiction, you may not want to allocate as much of your estate to him. When choosing beneficiaries, you want to reflect your values and leave a lasting positive impact on your loved ones and the causes you support.
Considering Taxes
Tax responsibilities are an inevitable part of life, and they can occur in death too.
Understanding estate taxation and knowing tax thresholds can help you determine the taxes your estate may be subject to. A firm grasp of tax thresholds can help you create a plan that helps you maximize the distributions to your beneficiaries, rather than the government.
For most Tennesseans, taxes will need to be paid on your income from the final year of your life, and withdrawals from any retirement accounts that were tax-deferred, like 401ks and traditional IRAs. However, since 2016, Tennessee does not have an estate tax and the federal estate tax only applies to estates that have multiple millions of dollars. The federal estate tax limit changes sometimes, so you’ll want to consult with an attorney about your tax exposure – and maybe follow our newsletter for updates. *wink*
Some strategies can help you reduce your tax liability, helping your beneficiaries in the long run. For example, making gifts or transferring assets during your lifetime can reduce the value of your taxable estate, but should be discussed with an attorney first.
By aligning your estate planning with tax thresholds, you can ensure your loved ones receive the maximum inheritance possible while preserving and passing on your wealth and intentions to future generations.
Updating and Reviewing Your Estate Plan
Regularly keeping your estate plan up to date is crucial to ensure your goals are met. It’s important to review it every few years so that you can make necessary adjustments based on changes in your life.
Life events like marriages, births, divorces, or financial changes may require updates to beneficiary designations or how your assets are allocated. If Junior’s wife divorced him for his best friend, you’re probably not going to want to give her part of your estate.
If you move, make investments, or start a business venture, it’s also an idea to reassess your plan. You’ll want to have a clear plan in place if you die while owning a business – without a succession plan in place, you have no control over what happens to your business after you die.
A flexible estate plan takes into account evolving family dynamics, financial situations, and personal goals so that your intentions are consistently honored.
Seeking Professional Assistance
Wading through estate planning with no experience is extremely overwhelming. A lot of care is required, in addition to an in-depth knowledge of the laws and your rights. An experienced estate planning attorney brings legal expertise to the table, aiding in the creation and validation of documents like wills and trusts.
Working with a Tennessee estate planning attorney ensures your estate is customized according to your desires and adheres to relevant laws. You’ll be better equipped to organize your assets, plan investments, and ensure a smooth transition for your family. Together you can navigate complexities and come up with an estate plan that honors your legacy.
Preserve Your Legacy with Graceful Aging Legal Services
At Graceful Aging Legal Services, we have caring and knowledgeable estate planners who can help you direct your assets to the people and causes that are most important in your life. For more information about estate planning and how it can help you preserve your legacy, contact us. We’re dedicated to providing you with the guidance and support you need to navigate the complexities of estate planning.
Have you said ‘I do’ recently and are beginning the exciting journey of wedded bliss? Understandably, as a newly consolidated duo, estate planning techniques might not top your list. But did you know the importance financial management and estate planning holds in safeguarding your shared future? Let us guide you to financial serenity and legal obligation smoothening activities.
We understand that marriage is a joyous milestone, and with it comes the excitement of starting a new life together. However, it also brings a range of financial and legal responsibilities that may require careful consideration. As two lives intertwine, so do their finances and assets. Proper financial and estate planning not only allows newlyweds to manage their money effectively but also ensures the protection and distribution of their assets should the unexpected occur. By taking proactive steps now, couples can safeguard their financial interests and pave the way for a prosperous journey together.
Key Financial Factors
Combining finances can foster transparency, build trust, and simplify money management. However, it’s essential to address individual financial habits, expectations, and goals to create a seamless financial partnership. While you may not choose to place all your money into joint accounts, creating a joint account for shared expenses might be a good place to start. Work with your partner to craft a budget that aligns with both of your priorities and allows you to save for future goals. Don’t forget to set aside funds for personal interests, too.
With marriage also comes the need to reassess insurance coverage. Do your existing policies provide adequate protection for both of you and any dependents? Regardless of outside employment, be sure to take into account the work each spouse does around the home and what it might cost to replace that in the event of an accident or incapacity. Take this time to also review beneficiary designations on these accounts to help safeguard each other’s financial well-being and ensure your policies are set up how you would like them to be.
Many of us carry debt, and when we get married, it comes too! Addressing existing debts requires planning and coordination. Which debts will be shared and which will be tackled individually? We recognize that managing joint debts can be a delicate task, but it’s an important topic to create a plan for as soon as you can.
Action Items:
Discuss how you want to manage your finances- joint, separate, or a combo?
Evaluate and consolidate insurance policies- life, health, home, auto, etc.
Review and update beneficiary designations on insurance and retirement accounts
Discuss plan to address debts brought into the marriage and how you plan to handle debt during your marriage
Key Legal Considerations
Though it might not feel urgent, now is a great time to create or update your estate plan! Creation of a Last Will & Testament ensures that each spouse’s wishes regarding asset distribution are carried out after their passing. One common misconception is that your assets automatically pass to your spouse after your death; this is not always the case, but a will can help ensure that your wishes are followed.
Another crucial part of your estate plan are the Power of Attorney documents. Used in the event you are unable to make financial or healthcare decisions for yourself, these documents allow a trusted individual to act on your behalf. While you are not required to name your spouse as your Power of Attorney, it is an easy way to empower them to act in the event of an unexpected emergency. These documents can be written in a way that clearly defines a Power of Attorney’s role and abilities, and they should be reviewed regularly.
Action Items:
Create or update your will or trust to address your new marital status
Create or update your powers of attorney
Key Tax Considerations
The last major consideration after getting married is in regards to tax planning. There are a variety of tax filing statuses available for married couples, and if you are married as of December 31, the law says you were married for the whole year for tax purposes. If you are planning to change your name after marriage, be sure to report it to the Social Security Administration as soon as possible. Your name on your tax return must match what is on file at the SSA; if it doesn’t, it could delay your refund!
Another thing to review are your withholding amounts. Newly married couples must give their employers a newForm W-4 within 10 days of their marriage. If both spouses work, you may move into a higher tax bracket. TheTax Withholding Estimator on the IRS website is a great tool to use as you complete your new W-4. Proper tax planning can lead to substantial savings!
Action Items:
Change your name on all relevant government documents if you plan to
Consider whether taxes will be filed jointly or separately
Update your tax documents with your employer
Proper financial and estate planning is an essential step for newlyweds to set the stage for a secure and prosperous future together. By understanding and addressing the financial changes that come with marriage, establishing a comprehensive estate plan, and optimizing their tax situation, couples can embark on their journey hand-in-hand, prepared for whatever life may bring. Being proactive today brings peace of mind for tomorrow!
If you’re ready to take the next step as a couple,click here to schedule an initial call with our office. We’d love to work with you as you create your estate plan and set goals for your life together!
Ten Holiday Traditions to Consider when a loved one dies
When your family adds members, like a new baby or newlywed couple, the holidays can be more joyous than ever. Of course, the flip side of that is that when your family loses someone, the holiday season can become a painful reminder of their absence.
I am very fortunate to still have both of my parents around, and until recently, my husband did too. Doing the work that I do, I’m always cognizant that our loved ones won’t always be around. However, when my mother-in-law passed unexpectedly this year, it threw a lot of our plans into chaos.
We had holiday traditions that will be difficult to carry on, and so I’m thinking about how we can continue existing traditions while acknowledging our loss, or create new traditions that honor the time we enjoyed with her.
Here are a few options that I’ve come up with to explore this year, and as the years go on.
Go to their favorite places.
My mother-in-law, Lynn, had very eclectic tastes. She loved art museums, coffee shops, bookstores, and any place that had locally made crafts. She is the one who created my candle obsession through various gifts over the years. This year a couple of new places have opened in our neighborhood that I know she would have loved, as well as places that she and I went together that I will probably visit again.
Wear their favorite colors/styles.
Normally when we think of attending a funeral, we think of people wearing black. I’ll never forget reading Their Eyes Were Watching God by Zora Neale Hurston in high school, where the main character wears her husband’s favorite color when he dies. Although I had no clue the toll death can take at that time of my life, thought it was a lovely way to honor him and their relationship.
If you were fortunate to inherit some clothes from your loved one, the holidays may be a good time to take them out. Smell them. Do they still smell like your loved one who has died? Isn’t that wonderful to be able to smell them again?
My grandfather died while I was in law school. One of my favorite things that we did together was take walks. He took a walk every day and had a coat rack full of sweaters, coats, and flannel shirts for anyone who wanted to walk with him if the weather was cool. When he passed away, I was able to get a few of the cardigans from his hall tree. They no longer smell like him, but I can’t wear them without remembering all the walks we went on and the ways that those walks helped shape our family.
Make their favorite recipes or eat at their favorite restaurant.
My mother in law loved Chef’s Market in Goodlettsville. It’s where she chose for our rehearsal dinner, and where we got take out from almost every Christmas Eve. While we may skip Chef’s Market for the holidays this year, I’m going to suggest we start going there on her birthday each year.
Share stories about them. What was their favorite thing about the holidays?
Did they love going to the movies after opening presents? Were they a wonderful or horrible gift giver? The holidays are a wonderful opportunity to share memories that were made over the years.
Donate to their favorite nonprofit or help someone they loved.
Helping others is always a great way to think outside of yourself for a while. Maybe you set up a re-curring donation to a cause they cared about or find a few days to volunteer for an organization stuffing envelopes or making calls.
Even if you don’t have a lot of time or money, you can find a way to be helpful. If you use Amazon, you can make your purchases through their Amazon Smile website instead and they will donate a portion of your purchase to the charity of your choice. Kroger has a similar program that is tied to your Kroger Plus account.
Visit their grave, memorial, or a place they love. Don’t be afraid to talk to them. Give them an update on what has happened through the year.
I know this may seem silly to some people. But in all likelhood there were some things you shared with your deceased loved one that might not be as appreciated by anyone else. Maybe you heard a joke that you know would crack them up, or want to make sure they are caught up on the family goings-on. You can say things out loud, or just think them (like a prayer) but having a way to continue the relationship that was so important while they were living is so comforting.
Save a place for them at the table. Consider putting their picture at their place instead of a place setting.
Just because someone isn’t with us physically at the holidays, chances are that they had an impact on how you celebrate. Find physical space for your loved on in your holiday celebrations.
Read their favorite book out loud.
In Iceland there is a tradition of getting books as gifts on Christmas Eve. Then the family cozies up with their book and hot chocolate for an evening of reading. I think it’s a lovely tradition. Since Christmas Eve was the part of the holiday that we spent with my in-laws, I might suggest that we adjust this tradition to read her favorite book and drink tea instead. It’s Tolkien, so we won’t finish, but maybe we’ll put it back on the shelf until next year.
Look through photos of them and favorite memories.
Even though your loved one is no longer with you, hopefully they weren’t camera shy. Many families now create photo slide shows for memorial services, and the holidays might be a good time to pull that back up on your computer, go through the photos one by one, and talk about the events happening when the picture was taken. I bet you’ll learn a few things about your loved one, and get to share some things too!
10. Make a toast to their influence on your life, using their favorite drink.
Whether your loved one preferred champagne, eggnog, or Coca-Cola, the holidays seem like the perfect time to raise a glass in their honor. Toast to the immaterial things they left you. Did your son inherit their sense of humor? Your granddaughter has their love of science? They are a piece of you, so now is a great time to honor them.
The people we love don’t leave us when they pass away, and there’s no reason we should try to leave them behind during the most cherished parts of our lives.
As we approach Halloween and Día de los Muertos, it seemed appropriate to get a little more matter-of-fact about deathcare resources. One end-of-life resource that we want to highlight is the option of engaging a “death doula” for those who are facing the end of their lives.
Our guest blogger this week is Ellen Abbott. We met Ellen in her role as Care Manager for Visionary Care Consultants but soon learned that we shared an interest in helping people through some of the most difficult transitions of life. Ellen completed her certification as a death doula in 2019, so we asked her to tell us more about what a death doula is and how they serve those at the end of their lives.
You may have heard recently about a “death doula” or an “end of life doula” and wondered who they are and what do they do? As a death doula myself, I’m happy to tell you!
What is a death doula?. We use midwives to educate and assist families to help bring babies into the world, why not have the same for those who are towards the end of their journey here?
There is a growing movement among end-of-life professionals in the United States to bring back the role of a non-medical person who stands in the gap between doctors, hospice, and the family of a dying loved one. This person guides the family and the client around the maze of the healthcare system, educates on hospice, offers practical information about death and provides emotional support around the entire process.
Who do death doulas serve?
A death doula serves the dying person as well as their loved ones. The goal of a death doula is to make sure that their client’s final wishes and needs are carried out before, during and after their death. This creates a healing and easier transition for the client and family.
When should a death doula be called?
You don’t have to have a terminal diagnosis to hire a death doula. There are some doulas who focus on helping their clients plan so that they know what they want at the end of life, and instructions on what the family needs to know to carry out those wishes. This is extremely helpful to the family and client since the topic of death and final wishes are not popular conversations in today’s world.
How do death doulas charge for their services?
Every death doula is different. Most offer free consultations and then an hourly rate of anywhere from $30-$100 an hour. Some offer packages for legacy planning along with being present for the client at the time of death. In middle Tennessee there is a Death Doula alliance, made up of local doulas that have been trained specifically for this role. They come from all backgrounds but usually from nursing, social work, counseling or clergy.
Over the last century, death has been viewed as a medical failure even though we all know one day we will die. A death doula helps to normalize these conversations and talk about these topics that no one wants to bring up. The death doula starts with the end in mind, to ease client’s fears, knowing they have a plan and someone at their side when the time comes.
The stress of leaving home and becoming an adult can be difficult for anyone. It is especially tough for college students and young adults who have to face the uncertainty of their future. They have to support themselves and are going to gain the power to make decisions on their own, for better or worse. However, there are a few legal documents that they can get to make the transition easier.
What legal documents does every college student need?
TLDR;
Every college student needs powers of attorney for finances, powers of attorney for medical decisions, and an advance directive for healthcare. They should also fill out a FERPA waiver so that a parent or other trusted adult can access their student records (if needed). Not only are these documents practical in getting help with the big stuff, but they are a great lesson in what “adulting” is all about.
What is a “Power of Attorney” or POA?
A power of attorney is a legal document in which the principal (the person granting the power of attorney) grants another person (the agent) the power to act on their behalf. For example, an agent could help the principal make and carry out decisions about the student’s finances, health care, and other important matters.
In most cases, we create two types of powers of attorney- one for financial issues and one for medical issues. It is important to note that the college student needs to be the one who initiates and discusses their powers of attorney with a lawyer. A parent cannot create a power of attorney document for their child.
How to choose the best agent for powers of attorney
For most young adults, the parents are the trusted partners in making important decisions. Therefore choosing a parent as an agent for power of attorney makes sense for a college student. However, it’s important that the individual assigning the powers choose what is best for their situation. Here are some things to consider:
For medical powers of attorney – choose an agent who will be able to carry out the principal’s wishes
A college student should choose an agent who will be able to make medical decisions according to their personal preferences. Who do they want to have to communicate with the hospital in an emergency? Does that person support their values and would they be able to carry them out in the event of a difficult decision?
For example, when I was in my late 20s and in law school I prepared my first advance directive. When I tried to have a conversation with my parents about what I wanted for end-of-life care, it was unfathomable to them that I would want to discuss it. I also knew that based on my wishes, it would be very difficult emotionally, if not impossible, for my parents to honor my choices. For that reason, I selected my brother and best friend as my agents. In short, a college student needs an agent who can carry out their preferences for medical care.
For financial powers of attorney – choose a responsible and trustworthy agent
A financial power of attorney agent should be trustworthy. They need to be someone who is responsible for their own finances and will put the principal’s best interest above their own.
Anyone who chooses an untrustworthy agent would risk losing all of their savings. What’s to stop an agent from draining a bank account and running off to Fiji? While this is an extreme example, and there are legal remedies for someone who abuses their power like that, it is better to not have to deal with that happening.
What is an “Advance Directive” and why does a college student need one?
An advance directive is a written statement by a patient or their legal representative that outlines their wishes for medical treatment in the event of incapacity or death. Every college student should take the time to document their preferences for medical-related decisions.
For example: In a medical emergency does the individual want CPR if their heart stops? Do they want a ventilator if they cannot breathe on their own? What about a feeding tube or life support?
Although nobody wants to think of these scenarios, it is helpful to have these decisions spelled out. It’s stressful for friends and family to make these types of medical decisions.
I want to make it perfectly clear: Having an advance directive is important for everyone to have, no matter their age or health. It is also important to review advance directives through each stage of life. The treatments that we want at age 30 or 40 may not seem like such a great idea as we reach into our 90s or 100s.
What’s the difference between a power of attorney and an advance directive?
It’s easy to see why people confuse a power of attorney with an advance directive. So, what is the difference? A power of attorney grants an agent the ability to act on behalf of a principal, should they become incapacitated. An advance directive for healthcare, on the other hand, specifically addresses what someone wants if they are unable to make decisions for themselves. It is a written record of what to do (and not to do) in an emergency or end-of-life scenario.
When does a power of attorney or advance directive go into effect?
Financial POA
There is a lot of flexibility when it comes to the terms of a financial power of attorney. A limited power of attorney can go into effect when a specific event happens, such as incapacitation. There are also terms that make a power of attorney go into effect immediately. A qualified attorney can create a power of attorney to suit anyone’s situation.
Medical POA
When it comes to medical care, a healthcare provider will always make an attempt to communicate with the patient first. In the case of incapacity or impaired judgment, however, a doctor will communicate with the medical agent or refer to an advance directive instead. For example, let’s say a patient is in a coma or under anesthesia. The doctor will refer to a medical agent or advance directive when making a time-sensitive decision for their care.
*Click here to learn more about when a POA goes into effect.
Powers of attorney and advance directives are useful at any stage of life
Powers of attorney and advance directives are useful, no matter the age or stage of life a person is in. While most older adults have powers of attorney and advance directives in their estate plan, a younger adult could make use of them too! For example, a college student can give powers of attorney to their parents and create an advance directive just in case they need help. These legal documents can help the student navigate the essential functions of “adulting” like managing bills, health and property insurance, leases, and more. Additionally, in the event of a tragedy, a medical power of attorney will allow the parent to make decisions on the child’s behalf. This is why it’s important to have powers of attorney and advance directives in place, no matter the stage in life.
Hire an attorney to draft a power of attorney
Although there are forms online for creating powers of attorney, having a lawyer draft your document will ensure that it complies with all the legal requirements set forth by the state. Online forms can fall short of holding up in court. With an insufficient power of attorney, or a lack of one at all, a family may have to fight for their loved ones’ wishes in court. The process of going to court under these circumstances is painful, expensive, and time-consuming. Most people want to avoid putting this kind of stress on their families.
Anyone can make their own advance directive
While the subject matter is difficult to think about, the process of creating an advance directive is easy. Just download the form online and prepare it at home. There’s no need for an attorney. To make the advance directive legal, sign it in front of a notary or two witnesses. For your convenience, we’ve included a link to the Tennessee Advance Directive for Healthcare form here. As a courtesy to our clients, our firm will include the preparation of advance directives, along with a notary, as a part of the flat-rate estate planning package or the “Adulting Package”.
Ready for college?
In conclusion
Powers of attorney, advance directives for healthcare, and a FERPA waiver are documents that every college student should have. They are among the many important decisions a college student will make during their lifetime. It’s never too early to prepare for life’s unknowns.
GALS offers an ”Adulting” gift certificate for college students!
Looking for the perfect graduation gift? A gift certificate to our “Adulting” package is a great way to help prepare a young adult for life’s “what-ifs”. In addition to legal counseling, this package includes powers of attorney for finances, powers of attorney for medical care, a FERPA waiver, and an advance directive with a notary. Click here to buy your gift certificate. All you need is the name and email address of the recipient and we will take care of the rest!
