North Carolina's First Elder Law Firm

When the Invisible Future Becomes a Visible Nightmare for our Elders

The future is not easy to talk about, unless you happen to be psychic or a palm reader.  But for everyone else, especially our elders, it is a topic that requires us to consider our work, health, and relationships.  To live worry free in our culture today, you must always be mindful of the future.  This includes consulting doctors, lawyers, and insurance companies to build a full plan for recovery from any damages or accidents that may (or may not) occur; ro to plan for quality of life in the later years of life.

 

Some matters may seem trivial and will be passed off, thinking they will be taken care of later.  The worst example of this was the Terri Schiavo Supreme Court case of 2004. She had no living will or healthcare directive, suffered a severe trauma that left her in a persistent vegitative state and her family fought with her husband over whether she should be allowed to die with dignity. The case refocused

America

, displaying the importance of end-of-life directives and the horrors that can occur when there are none.

 

The best way to avoid an emotional situation like this would be to begin building your Advance Directives.  The three primary documents of Advance Directives are written living wills, health care proxies, and health care powers of attorney.  Elders need to know the differences between these distinct documents and the process of creating them. It will make dealing with the future much easier. 

 

A Living Will is a document you create that describes how you would like to be treated in the event that you are unable to make decisions regarding the use of life sustaining medical treatment.  A Health Care Proxy is a document that selects a voice for the living will.  It will authorize one or more individuals to enact your wishes. A Health Care Power of Attorney goes further by authorizing wishes and other powers, regulating medical personnel and “Do Not Resusitate” Order.

 

Our law firm has years of specialized expertise and know how to efficiently and effectively work through the medical, legal, and family circumstances involved.  We join the members of the National Academy of Elder Law Attorneys (NAELA), in discouraging the use of one standard form. Instead, we know that everyone is different and these provisions require each individual’s focus and discussion.

 

Now that you know, the worst you can do is nothing.  It is time to become pro-active in creating your life planning and end-of-life directives.  Ignoring these responsibilities can leave your family members and loved ones with the anguish of making powerful and emotional decisions regarding your future.  Spare them this burden and contact an elder law attorney to begin this process of building a secure and sound future. CONTACT US SOON

 

 

Many of the concepts and opinions developed in these blogs have their origins in Eye on Elder Issues, a continuing publication of the National Academy of Elder Law Attorneys. Visit the academy website at www.naela.org 

Suddenly Without Help – What are Unlucky Boomers to do if They Lose Health Insurance?

Luck, like love, is a very fickle thing.  It’s either with you or against you, and you never know when it’s one or the other.  Bad luck often brings with it heart problems, failed marriages, and even bankruptcies? Of course, you knew this.

 

Well, as luck would have it, if you retire or lose your job before age 65, you will also lose your health care plan and you will not have Medicare coverage. Invariably, it will be said, “If only you had planned carefully, then you would be covered.  What bad luck you have!”

 

This “bad luck” will occur from a “gap” in health insurance, a period of time when there is suddenly no health insurance due to early retirement or job loss.  The worst luck is that it can occur without you even realizing it. There can be a sudden loss of health insurance entirely, have inadequate coverage, or have a very low cap of benefits.  This may only be realized at the worst time, when you need it most.

 

This is a common occurrence as individuals are either self-supportive, buying private health care packages, or participating in employer-sponsored programs.  But in the retirement, where the employer-sponsored health care is also retired, and Medicare has not been made available, there is actually no coverage by any health care insurance.  This is in a society where charges of $20,000 per month have been the minimum for rehabilitation/medical services. With no coverage, payment for these health services, individuals must find ways of paying on their own, and at higher private rates.

 

Elder law attorneys usually have the know-how to recommend how to buy health insurance if early retirement is being considered or if group health care insurance is being offered. Boomers beyond middle age, need to do their homework and plan ahead. They need to know their COBRA (Consolidated Omnibus  Budget Reconciliation Act) rights for continuing employer sponsored health care insurance and how to invest in private disability insurance. Boomers should not let unexpected accidents or illnesses be what forces the stark reality of being uninsured or underinsured.  One in six Boomers (adults between ages 50-64) are uninsured (as reported by the Robert Wood Foundation). Boomers should not let this be them.

 

My law firm and I are well equipped to precisely identify current or future insurance coverage gaps.  We are able to provide guidance through a variety of resources, goals and needs and help plan ahead for access to health care anytime.

 

Many of the concepts and opinions developed in these blogs have their origins in Eye on Elder Issues, a continuing publication of the National Academy of Elder Law Attorneys. Visit the academy website at www.naela.org