Hi Toni:
I am turning 65 and retiring from my current employer and will no longer have health insurance benefits, life insurance, and dental and vision benefits. My husband will still be employed with benefits from his current employer.
I have been told that if I do not have a power of attorney or other legal documents in effect for both of us, we could have a major problem. In the event of a serious health issue — such as a stroke or accident — if we cannot decide things for ourselves, our family would have to go to court and file for legal guardianship to represent us in the future.
I am not sure what type of attorney we’ll need, and I want to make sure that we have the legal documents processed correctly. Thanks.
– Jessica from Tula, Oklahoma
Hello Jessica:
I completely understand how you feel. Americans who are under 65, enrolling in Medicare at 65 or retiring past 65, whether healthy or with serious health conditions, are struggling with this issue. What age you are does not matter.
During a Toni Says Medicare consultation, the Medicare team advises everyone to seek an elder law attorney or legal aid center to draft a new or updated general power of attorney, medical power of attorney and living will document, which are filed properly. These three legal documents can reduce the stress during a trying medical time.
Also Jessica, adult children need to verify that their parents, no matter their age, have a power of attorney, medical power of attorney and living will. The parents need to realize that they are not giving up their independence by their adult children being able to sign for their medical care. It is not an easy time when an adult child must take a “parental” role with the one who has always been their parent.
The three legal documents are:
General Power of Attorney: This is the cornerstone of a financial plan. It ensures that a person’s wishes will be respected if there comes a time when he or she is unable to act. It is a written document whereby someone is appointed to manage your financial affairs in the event of illness or incapacity. If you are incapacitated, assigning power of attorney is critical to ensure your future independence. Without it, you risk having your affairs managed by a court-appointed guardian, often a stranger under court supervision, leaving you and your family without the ability to offer input. In other words, without it you lose financial control.
Medical Power of Attorney (also known as a Health Care Power of Attorney): This gives someone you trust the legal authority to act on your behalf regarding health care decisions if you ever become incapacitated or unable to communicate.
Living Will/Advance Directive: This is a written statement that details the type of care you want (or do not want) if you become incapacitated. A living will bears no relation to the conventional will or living trust used to leave property at death; it is strictly a document to spell out your health care preferences or wishes.
Jessica, visit www.medicare.gov/coverage/advance-care-planning to explore “advance care planning” information and search for an elder law attorney in your specific zip code that specializes in elder law or estate planning.
My legal documents event happened when I had an accident while grilling steaks, when an 8-foot flame jumped from a propane tank, burning my hair, face, and left arm. I was ambulanced to a burn unit with all of my legal documents that I keep in a safe and easy place for my family to find. (Luckily, I only had a first-degree burn.) That was when I knew the value of telling my readers about having their legal documents prepared for an emergency.
Toni King is an author and columnist on Medicare and health insurance issues. She has spent nearly 30 years as a top sales leader in the field. If you have a Medicare question, email info@tonisays.com or call 832-519-8664. The “Medicare Survival Guide Advanced” edition and her new “Confused about Medicare” video series are available at www.tonisays.com.