Health Care Decisions During The Coronavirus (COVID-19).
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Coronavirus: Health Care Durable Power of Attorney Covers All Health Care Decisions
These are scary times. These are stressful times. These are uncertain times. However, this is a time, more than ever, that we have to be prepared and educated as best we can for whatever the next few weeks or months have in store for us. We have seen preparation in full force in the form of people stocking up on basic supplies in their neighborhood stores. Hopefully, everyone is practicing social distancing. We hope that, through social distancing and good hygiene (Remember to wash your hands often!), neither our loved ones nor us will get sick and this will pass. However, we need to be prepared for the worst, which includes us or our loved ones becoming ill. With that in mind, it is important to be educated as to the need and purpose of health care documents.
An Inexpensive General Power Of Attorney Document May Be All That You Need Instead Of A Guardianship
Many times, I have been contacted by a client or potential client who requests to initiate a guardianship application for a family member because a doctor has diagnosed the family member with dementia and suggested that a guardianship was necessary. However, this is not always the case and additional questions need to be asked and additional options need to be explored before reaching such a conclusion.
I always look at a situation such as this as reaching a fork in the road with two potential routes to take.
One route is a guardianship. This is a legal proceeding involving the probate court in which a judicial determination must be made that the ward is not competent to handle his or her personal affairs. There is a guardian of the person to take care of the individual and his or her own personal needs and a guardian of the estate to take care of the wards assets. A guardianship should be the option of last resort. It involves court costs and significant attorney fees, a background check of the applicant, bonding by … Read More... “The Guardianship Versus the Power of Attorney Conundrum in Ohio”