Massachusetts health care proxy public records

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  1. Massachusetts Estate Planning & Asset Protection Blog
  2. Health Care Proxy Forms
  3. Healthcare Proxies: Securing Your Future Medical Care - Massachusetts Citizens for Life

Longtime trusted advisors, such as attorneys and accountants are also an option for others. One thing, however, is clear. And that is not likely to be what you want. This article can be found here. The New York Times article can be found here. Call and register to learn more about what you can do to enhance the security of your spouse, home, life savings and legacy. That motto still makes sense: be prepared, especially where your health and your finances are concerned. The following are important issues to discuss with your attorney before a crisis.

I always tell clients that, when considering long-term care needs, they need to consider family dynamics. Are there squabbles or resentments? If so, these will probably intensify in a crisis situation. Are your legal documents up to date? If so, you're in the minority.

In addition to discussing inheritance issues, I always discuss with my clients any changes they may need to make in their will or trust. Family circumstances are always changing - births, deaths, divorces, self-destructive behavior by heirs, second marriages, etc. If your documents aren't appropriate for NOW, they're not appropriate - period!

These documents have to meet legal requirements, and must leave no room for doubt.

Massachusetts Estate Planning & Asset Protection Blog

And if you try the do-it-yourself approach, they may not be recognized as legal. If you don't do this, you could be subjecting your family to a long and tortuous Guardianship proceeding in court. And if you don't do it right, you may be disqualified from receiving Medicaid or Veterans' benefits. How do I pay for long-term care insurance? Many people don't even realize they may be entitled to Medicaid or Veterans' benefits, or other resources. You'll need to know about community resources, housing options, caregiver options, Care Managers, etc.

We provide clients with a unique education and counseling approach so they understand where opportunities exist to eliminate problems now as they implement plans for a protected future. Call to learn more about what you can do to enhance the security of your family and legacy. Is your "baby" going away to college? Have they recently gone away to college? If so, you've no doubt spent a lot of time poring over lists lately to determine what's a "want" and what's a "need.

Health Care Proxy Forms

You've been planning, and dreading , this day for a couple of years and you've most likely been saving for it for a lot longer than that. Chances are, you're prepared. There are however, some things for which you just can't prepare, like accidents or other tragedies. That's why you need to have your child sign two critical documents. If your child is already 18 you already know that, legally, they are an adult. As a result of federal privacy laws, the college they attend generally can not divulge medical information to you.

This way, if tragedy or illness strikes, you'll be able to get the information you need. It doesn't matter if you gave birth to that child. You won't be able to get any information on his health status unless there's a signed HIPAA authorization. What happens if there's an accident, and your child ends up in a coma? Who's going to mnake necessary medical decisions? If there's no Health Care Proxy, you may have to go to court to get a guardianship designation so you are in control.

Tragedy has its own timetable however, and going to court could cost you more than just financially if it takes too much time. Remember Terry Schiavo? Call to learn more about what you can do to enhance the security of your beneficiaries, digital assets, Estate Plan and legacy.

The following case study is designed to illustrate the importance of having up to date health care and disability documents. As part of every estate plan, one should have the documents necessary to allow family members to make your health care and financial decisions if you are ever rendered unable to do so. If you do not have the proper disability documents, you and your family will be forced to spend wait until the court process is complete to get a guardian and conservator appointed.

Healthcare Proxies: Securing Your Future Medical Care - Massachusetts Citizens for Life

This can take considerable time and cost your family thousands of dollars. Henry came to our office with a major issue. Her husband, Mr.

Henry, had slipped and hit his head very hard one night. Ever since the fall, Mrs. Henry told us, her husband had been in a persistent vegetative state for nearly 3 months. Henry was not allowed to make any decisions or take any actions on behalf of her husband. Important medical decisions were being left up to a team of doctors who had never met Mr. Henry and had no inkling of what he would have wanted. After listening to this tragic story, we informed Mrs. Henry that the only thing we could do at this point was file to have her appointed as guardian and conservator for her husband. The process would involve the preparation of detailed forms and then going to Court to file the documents and plead the case before a judge.

We would also be required to make sure all the forms will completed properly, so that the court would accept them. The filing would also result in sensitive private information, like medical records and financial information, being made public record through the Court. The process for getting Mrs. Henry appointed as guardian and conservator took several weeks and several court appearances. Like most people, Mrs. Henry and her family were unaware of this lengthy legal process, which can be completely avoided by having the right documents. If Mr.

Henry had simply signed the appropriate paperwork, Mrs.

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Instead, she was forced to spend unnecessary time and money getting herself appointed as guardian and conservator so that she could get Mr. Henry moved to a facility that offered the appropriate level of care so he could begin his rehabilitation and recovery. This ensures that our clients leave our office with the peace of mind of knowing that should an unspeakable tragedy occur, like the one that Mr.

Henry are enduring, their family will be able to make important decisions without the need to go to Court and without wasting time and money. No matter where they are or when something happens, knowing who to contact in an emergency and finding and accessing their crucial documents will not be an issue. Many hospitals and financial institutions in the refuse to accept health care and disability documents that are more than one year old. In response, we offer clients membership in our unique Lifetime Protection Program which helps them ensure their documents will be up to date and available when needed.

Members of the Lifetime Protection Program have their entire estate plan reviewed by our team of dedicated, caring professionals to ensure that the entire plan is still working towards accomplishing their goals, even in the face of ever changing laws and personal circumstances. For more information on the critical importance of having up to date health care and disability documents or on how our team of professionals and our unique education and counseling process can help you and your family, please call our office at Last week, Medicare agreed to expand its benefits for some people with chronic disease, including many elderly.

This added care, which came in a settlement of a lawsuit brought by a Vermont woman named Glenda Jimmo, the Center for Medicare Advocacy, and others is potentially very important for some Medicare beneficiaries. But the settlement does not affect long-term care benefits in any way.


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Medicare did not pay for nursing home care, home health aides, or other long-term care services before this lawsuit, and it will not do so now. Additionally, the case has no impact on Medicaid. The benefits and eligibility rules for Medicaid remain unchanged. Yes, this agreement will make it easier for some people who are receiving long-term care to also get skilled nursing care or physical therapy, but it will not require Medicare to pay for any long-term services or supports.

Still, many people are confused about Medicare benefits for those with chronic disease and are uncertain about the applicability of this case. People are asking whether this settlement means their mom can now get Medicare long-term care benefits. The simple answer is: No. That is not to say the settlement is not important. For years, many home health agencies and skilled nursing facilities have interpreted Medicare rules to mean the program would not pay for rehab if a patient is not getting better.

Imagine, for example, an year old named Fred suffers a stroke. There has been no question that Medicare could pay for Fred's physical or occupational therapy.


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However, the rules have been unclear, and many providers have taken the position that Medicare would only pay as long as Fred's condition improves as a result of this skilled care. The rules were vague, and Medicare has sometimes argued that providers misunderstood them. Under the terms of the legal settlement, a patient's condition no longer needs to improve to be eligible for skilled nursing care and rehab. She will now be eligible for the Medicare benefit even if that care helps her maintain her health status.

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As long as skilled care is deemed necessary by a health professional based on an individual assessment, maintenance therapy would now be a Medicare benefit.