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What is the Difference Between a Guardianship and a Power of Attorney?

When someone becomes incapacitated or otherwise unable to make their own decisions for themselves, one of two things will happen. If the person has already signed a power of attorney, that will take effect, and whoever has been granted the power of attorney will make decisions on that person’s behalf from then on. However, if they do not have a power of attorney, a guardian will be appointed to fill a similar role. But what is the difference between someone being granted power of attorney, and someone being appointed a guardianship? Continue reading “What is the Difference Between a Guardianship and a Power of Attorney?”

The Benefit of Advance Directives

One of the inevitable realities of getting older is that, eventually, you may not be able to make decisions on your own behalf anymore. When that happens, the plans you have in place will determine how well you can ensure you are taken care of in your later years. It is for this reason that you should strongly consider preparing advance directives as soon as possible.  Advance Directives will ensure your interests are protected when you can no longer take care of your own needs. Continue reading “The Benefit of Advance Directives”

When to Consider a Power of Attorney

If you have family members that are growing older or have a loved one with diminished ability to care for themselves, you may need to consider a power of attorney. But what is a power of attorney? And when is it appropriate to consider for yourself or your loved ones? Continue reading “When to Consider a Power of Attorney”

Importance of Advanced Directives

As the seasons begin to turn, it is important to stress the need to have your advanced directives in place. Advanced directives include:

  • A health care proxy;
  • Health Insurance Portability and Accountability Act (HIPAA) release form;
  • A living will; and
  • Power of attorney.

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Health Care Proxies and Power of Attorney

A Health Care Proxy is a document that designates an agent to make health care decisions on an individual’s behalf in the event that he or she is unable to do so. Federal regulations, such as the Health Insurance Portability and Accountability Act (HIPAA), protect the confidentiality of an individual’s medical information as well as their ability to make health care decisions. The establishment of a Health Care Proxy and the HIPAA release form are the best means of carrying out health care decisions on behalf of loved ones.
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Why Establishing a Durable Power of Attorney is Important

A power of attorney is an important estate planning document and can be an essential tool in ensuring that an individual’s wishes are carried out should he or she become mentally or physically incapacitated. A power of attorney is a standardized legal document that allows an individual, known as the principal, to designate a representative, known as the agent, to make financial decisions on their behalf if they become incapacitated or unable to act on their own behalf. A power of attorney specifies how much power an agent will have and can be created with limited powers, broad powers and can become effective upon the occurring of an event. Many individuals assume that regardless of whether it is limited or broad that the document will contain the same language and provisions. However, more often than not, this presumption is incorrect and may lead to issues in the future.

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Daughter of 85-year-old Being Denied Guardianship Rights

As a loved one grows older or when he/she suddenly becomes incapacitated, the basic human instinct is to protect them from harm. And although there are many cases involving family and friends with bad intentions, it is clear that if the ability to make decisions for your loved one was stripped away from you, the results would be heartbreaking. That is what a Pittsburgh woman is claiming regarding the medical treatment and control of her mother.

Mirsada Begovic, the daughter of 85 year-old Enisa Begovic, claims that in the last two months, the University of Pittsburgh Medical Center (UPMC) has restricted her access to her mother and has required her to be escorted to her mother’s room by security, after the hospital accused her of interfering with her mother’s medical care. Mirsada, a physician trained in Bosnia who once was part of the University of Pittsburgh Medical School staff, says however, her only offense has been advocating forcefully for her mother. Continue reading “Daughter of 85-year-old Being Denied Guardianship Rights”