Advance Directive (Incapacity) Planning
Elder Law Associates PA assists clients
in planning for incapacity by preparing
a package of advance directive documents.
Chief among these directives is the Durable Power of Attorney. The Durable Power of Attorney is a detailed document providing legal authority for the client’s designee to act on the client’s behalf when the client is unable physically and/or mentally to act on his/her own. The language we use in power of attorney documents relates distinctly to clients who are elderly or have disabilities.
Our firm also prepares Designations of Health Care Surrogate. The Designation of Health Care Surrogate document allows clients to choose loved ones who will make
vital health care decisions when they are unable to make those decisions for themselves. We take care to ensure all state and federal regulations are complied with, including HIPPA language and Florida statutory requirements.
In addition, our attorneys prepare sophisticated Living Wills. This legal document specifies the client’s wishes regarding all life sustaining devices and must be
revised continuously to remain current with new and evolving laws. Living Wills are most appropriate for adults aged 21 years and above under various circumstances. The younger population is most susceptible to trauma-related persistent vegetative states. In contrast, seniors’ hospital stays and related illnesses are often the impetus for persistent vegetative states prompting the need for a living will to limit unnecessary and undesired prolonged medical treatment.
Our Advance Directive package also includes the preparation of HIPAA representative forms. HIPAA refers to the Health Insurance Portability and Accountability Act of 1996, and is also called the Medical Privacy Act. Under HIPAA, a health care provider may not release confidential medical records to anyone other than the patient without specific, written authority to do so. By signing a HIPAA Representative Form, the client can authorize his/her family members to access otherwise confidential medical records.
Finally, we prepare Designations of Pre-Need Guardian documents, in which the client can designate who should serve as his/her legally appointed guardian in the event the client’s advance directives are not sufficient to authorize agents to make decisions on the client’s behalf.
For more information about or to create your advance directives, please contact us or call 1-800-ELDERLAW or (561) 750-3850.
Having gone through an extremely difficult Medicaid application process for my father in Florida years ago and with the recent passing of my mother I desperately needed to find a competent and understanding law firm that could expedite and help me with elder care legal issues for my uncle in Boca.
Living in NYC with nobody to take care of my sick uncle 1,400 miles away, I found the expertise and compassion of Howard Krooks and his wonderful firm to be incredible. I would highly recommend them to anyone and already have.
When my mom had a stroke -- and unfortunately due to her diabetes -- needed to be moved full time to a nursing home, I needed to qualify her for Medicaid, as the cost of proper care is prohibitive. Ellen and her team did an outstanding job, helping to reallocate my mom's assets and quickly qualifying her for Medicaid benefits. It would be almost impossible for the typical person to get through this process in such a short period of time.
I truly thank Elder Law Associates PA for making this happen.
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