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Senior Moments: Now is the time to assemble your 'Aging Preparedness Kit'

By Jackie Byrd


A column for seniors and those who love them

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To yackety-yak about the past is for me time lost. Every morning I wake up saying, "I'm still alive - a miracle." And so I keep on pushing. - Jacques Cousteau, French explorer

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The Healthcare and Elder Law Programs Corp. in Torrance, Calif., has prepared an "Aging Preparedness Kit" that Senior Moments will share with you. Make sure you assemble such a kit if you are over 18 years of age.

First is your power of attorney for health care. In this legal document, you can name who will take charge of your medical and other care if you ever become incapacitated. Select people with whom you can easily communicate and who will stand up for you and for what you want. You can obtain sample documents for free at better-endings.org or at the site of the Maryland Attorney General, www.Oag.state.med.us. Click on health policy and then on advance directives.

Second is your living will. This is the document outlining what care you wish to have at the end stages of your life. This is the document that if Terri Schiavo had executed one, she would have avoided the entire fight between her husband and her family that went on for months and finally involved the U.S. government. The best document of this type would thoughtfully explain whether you want a machine to breathe for you if your lungs are not breathing by themselves, for instance. It may state whether you want CPR and whether you want to go back and forth to the hospital. You should give thought to the words in this document and carefully tune it to match your goals, values and faith.

Third is your power of attorney for financial matters. In this separate legal document, you can name who will take charge of your financial affairs if you ever become incapacitated. Choose people who have good financial skills and, most important, who you can trust to manage your finances for your benefit (not theirs). It is essential to work with an experienced and capable attorney to help you prepare this important document.

The fourth component of your aging preparedness kit will be your estate plan. This is the way you spell out what will happen to your assets when you die. Approaches can involve a will, beneficiary naming, joint ownership, trusts and other tools. You can also work to minimize or avoid estate and gift taxes. Maryland is a state with a user-friendly probate system. It's useful to remember that fact when planning your estate. We do not live in a state where it's important to avoid probate, no matter the cost of doing so.

Fifth is something that has not really been a part of an aging preparedness kit until the past several years. It is your plan for long-term care. In creating this plan, you should answer these questions: If I need long-term care, where do I want to receive it? Who will provide it? How will I pay for it? Consider whether your home will be a good long-term location for you. Study the cost of care in relation to your income and savings. Consider whether long-term care insurance might make sense for you. And, although it's a difficult assignment, try to get a clear understanding of the help the government might provide and under what circumstances such help would be provided.

Last is your plan for funeral and burial. You create this plan so that when you die, your family and friends will know what you want to happen. It will most likely ensure that you get the funeral and burial that you want. You don't have to prepay arrangements, although you could. The most important thing is to clearly communicate your wishes. You can also obtain a document for this purpose at better-endings.org.

The better endings referred to in the Web site are usually the result of planning and communication with families and friends who care about subjects like these: How do you feel about care at the end of your life? How do you feel about longevity and quality of life? Who should make decisions for you if you become incapacitated? What should your decision-makers decide? What are your wishes about organ and tissue donation? What are your wishes about your funeral and burial? What other steps should your family and friends take once you've gone?

A free publication, "Your Way," is also on the Better Endings Web site. This document helps you think about what is important to you. It also helps you think about how to let your family and friends know your wishes. Additionally, one of the most helpful documents I know of is on a Web site of the American Bar Association, www.lawinfo.org. Click on the "your family" icon, and you will be able to get the Consumer's Tool Kit for Health Care Advance Planning. This publication contains a variety of self-help worksheets, suggestions and resources to help discover, clarify and communicate what is important to you in the face of serious illness.

Thank you for reading. See you next week. Stay well.

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The writer, a longtime resident of Bowie, is secretary of the Maryland/D.C. chapter of the National Academy of Elder Law Attorneys and a member of the Elder Law Section of the Maryland State Bar Association. You can e-mail her at jbyrd@byrdandbyrd.com.


Published 05/24/07, Copyright © 2008 The Bowie Blade