Older and Wiser Seminar: Power of Attorney and Living Will

Welcome

Rep. Mike Schlossbergand

North Penn Legal Servicespresent a public service seminar

Our Valued Sponsors

American College of Trial Lawyers through Emil Gumpert Award

H.J. Heinz Company Foundation

Our Topic

Protection through Powers of Attorney

and Living Wills

Presented by Sally L. Schoffstall, Esq.Schoffstall Elder Law, LLC

Part One

Planning Ahead with Advance Directives

What are Advance Directives?

• Written legal documents that instruct or

authorize others to act on your behalf incertain situations

• Instructions prepared in advance of need

• Protection for yourself and your family

What Kinds of Advance Directives Should I Consider?

1. Power of Attorney (POA)- A legal document that authorizes an

“Agent” that you choose to handle

your affairs and/or make decisions for you if you cannot, or choose not to, act for yourself

- More about this shortly

What Other Kinds of Advance Directives Should I Consider?

2. Living Will- A legal document that conveys your

wishes about future life-sustaining

treatment if you have:- An end-stage medical condition

- Suffered irreversible brain damage

- Entered a permanent unconscious state

- More about this shortly

Should I Consider Any Other Kinds of Advance Directives?

3. Out-of-Hospital Do Not

Resuscitate Order (DNR)

4. POLST

Who Acts for Me if I Have Not Planned Ahead?

1. A Petition can be filed to

request the court to assume control of you and your estate

- Family member, friend or person interested in

your welfare may

petition

What’s Wrong with Having a Guardian?

• Guardianshipproceedings are inconvenient, time-consuming and costly

• Person appointed may not be your choice

• Many of your rights are at stake

Part Two

Power of Attorney:A Closer Look

What is a Power of Attorney (POA)?

• A legal document that authorizes an “Agent” of your choosing to handle your affairs and/or make

decisions for you

- Sometimes “Power of Attorney,” “Agent” and “Attorney-in-Fact” are used interchangeably

How Does a POA Protect Me and My Family?

• A well-drafted POA- Eliminates delay,

complications and expense of petitioning the court

- Ensures that your Agent can handle your affairs

What Things Can an Agent Handle?

• Arranging your physical care and protection

• Meeting your financial responsibilities

• Protecting/managing your property

• Managing investments

• And more…

Our Focus

• Power of Attorney

as a Planning Tool - Preparing a POA in

advance as you grow

older is like appointing an understudy to take

over if you can no longer perform

Choosing an Agent For Your POA

• Select someone who:- Has earned your trust

- Knows you well

- Shares your values

- Acts responsibly under stress

- Has experience managing another’s affairs

- Understands legal responsibilities of acting as Health Care Agent

What is a LimitedPower of Attorney?

• Defines and narrowly limits matters it covers

• Banks use limited POA forms authorizing check transactions, safe deposit box access, etc.

• Typically insufficient as a planning tool

What is a GeneralPower of Attorney?

• Can provide very broad permissions

• Appropriate as a planning tool

How Long Do These Powers Last?

You decide:

• For a designated time period

• For a period limited by circumstance, e.g.,

only while you are in a nursing home

or rehab

• For an unlimited period: Durable POA- Durable POAs can be automatically revoked in limited circumstances

Requirements Under POA Statute

• Notice form- Informs Principal of basic powers and duties of Agent

• Acknowledgment form- Solicits Agent’s pledge to act prudently and responsibly on behalf of Principal

• NOTE: Neither form is required for Healthcare POA

What Should I Do After I Complete My POA Document?

• Give a copy to your Agent

• Retain original with your important papers

• Go to your bank

When Should I Prepare a Power of Attorney?

• As soon as possible

• Ideally, before you need it

• You can sign a POA only if you have the capacity to

understand the powers you are assigning

Part Three

Living Will:A Closer Look

How Does a Living Will Protect Me and My Family?

A Living Will ensures:

• Your wishes regarding medical care are respected if you have an end-stage medical condition and are incompetent, or become permanently unconscious

• Your family is spared the guilt or burden of making the “right” decisions

Contents of a Living Will:Treatment Instructions

States your wishes, if you have end-stage medical condition or are permanently unconscious, regarding:

• Treatment for comfort or pain relief

• CPR

• Life-prolonging procedures

Signing a Living Will

• Who can legally sign?- Anyone age 18 or older, or

- Anyone who is married, or

- Anyone who is a high-school graduate, or

- Anyone who is an emancipated minor

• Who must witness a Living Will?- Two adults must sign as witnesses

When Does the Living Will Become Effective?

• When it has been signed & witnessed

• When attending physician has a copy

• When person who signed the document:

- is determined to be incompetent AND to have end- stage medical condition

- is permanently unconscious

• NOT in effect if you are alert and able to make decisions

What Should I Do with My Living Will Document?

• Some suggest signing several as originals

• Give a copy to Agent(s) and one

to your physician

• Bring a copy when admitted, even

if you provided it before

Is a Living Will Required by Law?

• Not required but advisable

• Health care facilities:- Required to tell

you that you may sign one

- Cannot require you to sign one

Can I Change My POA or Living Will?

You may alter a POA or Living Will at any time.

• Give updated version to those who received previous copies

• Discuss changes with your attorney, family, physician, Agent

Why Would I Change or Revoke My Advance Directives?

• Medical advances occur- Prognoses become

more promising

• People relocate

• Relationship changes between you and your Agent

• Attitudes about treatment change

Part Four

Preparing Planning Documents

Must an Attorney Prepare Powers of Attorney and Living Wills?

Not required but recommended due to:• Experience in relevant areas of the law

• Expertise in drafting documents that reflect your circumstances and wishes

Preparing Planning Documents: Doing it Yourself

Use of do-it-yourself POA forms is discouraged − risks entailed

Preparing Planning Documents: Consulting an Attorney

• Referrals- Ask trusted advisors/friends/relatives

- Contact local Bar Association

Preparing Planning Documents: Consulting an Attorney

• Free of charge referrals

- North Penn Legal Services

- 559 Main St., Ste. 200, Bethlehem, PA 18018

- Income-eligible residents ofLehigh and Northampton Counties

- Phone: (610) 317-8757

Thank YouThis seminar was co-sponsored as a public service by

REP. MIKE SCHLOSSBERG&

NORTH PENN LEGAL SERVICES

Presenting Attorney:

Sally L. Schoffstall, Esq.

SCHOFSTALL ELDER LAW, LLC

Seminar content provided by:

Joseph M. Olimpi, Esq., Neighborhood Legal Services Association

and Heidi Rai Stewart, Esq., Houston Harbaugh, P.C.