Long-Term Care Options And Legal Considerations in Elder Law

The first step to take as you begin the considerations for long-term care options when health planning for elder law, is understanding what it entails.

The legal considerations for long-term care options differ depending on several factors.

For example, it matters whether you are initially looking into home health care, nursing home or assisted living facilities. The legal issues surrounding these services can involve contract law, elder law, healthcare law, and possibly real estate law. With this in mind, it’s easy to see the importance of understanding some of the differences and complexities before you make any final decisions.

Basic Legal Planning

Legal planning for long-term care often starts with a power of attorney (POA). This is a legal document that allows you or your loved one to appoint a trusted individual (a.k.a. the agent) to make decisions on your/their behalf if necessary. Accidents and illness happen all the time often leaving those affected incapacitated either physically, mentally or both. This is why it’s important to assign a healthcare POA, which gives the agent authority over medical decisions, and a financial POA, which covers financial affairs. It’s crucial to have these documents in place before a health crisis arises.

Another critical document is the living will or advance healthcare directive. This legal document specifies the types of medical treatment you wish or do not wish to receive if you’re unable to express informed consent. This could include decisions about life-sustaining treatments, resuscitation orders, and end-of-life care.

Now let’s look at the different types of long-term care to consider.

Nursing Homes

Nursing Homes are also referred to as Skilled Nursing Centers. These facilities provide 24-hour continuous health care services, as well as room and board and services include basic and skilled nursing care, rehabilitation and a full range of other programs, treatments, and therapies, such as occupational therapy and physical therapy. Nursing home facilities also manage complex medical needs that require equipment, such as ventilators and IV lines.

Assisted Living

Assisted Living Facilities provide an apartment-like setting allowing individuals to age in place and receive the assistance they need to maintain maximum independence and personal choice. These residences provide assisted living services such as meals, laundry, housekeeping, transportation services, assistance with activities of daily living, and basic cognitive support services. Assisted living facilities must provide or arrange for other types of health care services, such as hospice services, occupational therapy, skilled nursing services, physical therapy, behavioral health services, home health services, and specialized cognitive support services.

Home Care

Roughly 53 million family members provide home caregiving services for their loved ones throughout the U.S. Providing help for these home caregivers are various home care agencies that provide non-medical services to individuals in their homes or other independent living environments. Home care may include assistance with self-administered medications; personal care assistance such as bathing, feeding and hygiene; assistance with housekeeping, shopping, meal planning and preparation, and transportation; and respite care including support for the family.

Home Health Care Agencies provide health care services to ill, disabled, or vulnerable individuals in their homes or places of residence, enabling them to live as independently as possible. Home health care services include nursing care, home health aide care, and physical therapy, occupational therapy, and speech therapy services.

It’s important to understand that each long-term care option offers services tailored to individual needs and financial circumstances.

The most important consideration when trying to decide what is right for you or your loved one is your unique situation. For example, elderly residents often have different needs than younger ones. Some residents, such as those with Alzheimer’s or some other form of dementia, may have different needs, preferences and desires that must be considered when selecting a facility. Families that live far away from loved ones, or who work full time, may make different choices than families who live next door. The most important thing is choosing what’s appropriate for your own situation.

Communication Is Key

Once you understand what’s entailed in long-term planning, and hire an experienced, reputable attorney to help you create the necessary estate plan documents, it’s important to discuss your long-term care plans and the legal assignments for Powers of Attorney with your family. Having these conversations early can prevent misunderstandings and ensure everyone is on the same page and understands your wishes or those of a loved one. It’s also helpful to include your attorney in these discussions, as they can provide legal advice and ensure that your plans comply with the law.

It’s a fact that legal planning for long-term care can be complex. However, it doesn’t have to be overwhelming.

Give my office a call at (470) 235-7868 and let us help you navigate this landscape and create a comprehensive plan that respects your wishes and protects your interests.

Looking to find an experienced estate lawyer in the Georgia area who is skilled in asset protection and estate plan preparation? Shannon Pawley is an attorney in Georgia with expertise in estate planning and asset protection. Shannon can provide assistance with creating an estate plan to include making a will and how to establish a trust properly. If you have questions about asset protection or questions about making an estate plan, reach out to Shannon and she will be glad to help answer all the estate planning questions you might have!

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