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Power of Attorney & Living Wills –
Legal Considerations for Seniors

legal considerations home care victoriaThe personal legal factors that we need to manage become ever more important as we age.

How one’s effects are left behind, the level of care they receive, and how decisions are made in their stead are all factors seniors must determine as they age. Living wills, powers of attorney, and instructions pertaining to life sustaining treatments are the three major legal documents that are crucial to have towards the end of one’s life.

The following information is meant to be a brief introduction of the legal matters seniors should be thinking about. For more complete information on the subjects covered, please consult your lawyer.

Advanced Health Care Directives (Living Wills)

This critical document stipulates the kinds of medical intervention and long-term care choices that should be made on your behalf should you be unable to make the decisions yourself.

Two forms of advance directives exist: a living will, and the Power of Attorney.

A Living Will is a document that specifies the instructions on the health care treatments that should be provided after one becomes incapable of making their own decisions. A Power of Attorney for health care (there is also one for finance and property) appoints someone to make health care choices on the individual’s behalf when they are incapacitated.

Retire-At-Home advises that both forms of advance directives are put into place. We also advocate that these directives be reviewed with loved ones, and that copies are given to family members, doctors, and other trusted individuals, so that all may follow the document’s instructions should that time come.

Wills and Trusts

Wills identify who should receive an individual’s personal effects when they pass away. A will can prevent disagreement among family members, as well as save time and money in legal fees. Choosing to go without a will may result in your effects being distributed according to applicable law. We advise that both spouses have separate wills, and update them as their estates change.

There are several types of trusts, including living trusts, which help in the care of a dependent family member, or assist in estate and tax planning.

Power of Attorney

The legal right given to an individual to act on your behalf is called Power of Attorney. The Office of the Public Guardian and Trustee has a Power of Attorney Kit that will help you appoint the person you want to make decisions for you when you are no longer able to do so for yourself. A person must have legal authority to make any financial decisions on your behalf, as well as any health care decisions.

If no Power of Attorney is appointed, a court can appoint a power of attorney after the individual becomes incapacitated.

Gathering Important Information

Because crisis is so uncertain, aging seniors should have their important legal documents organized and available at all times.

The following is a list of information that is recommended to have organized for the convenience of your loved ones:

  • Birth certificate
  • Social Insurance Number
  • Life insurance information, including policy number
  • Names and addresses of family physician and medical specialists as well as information on hospital admissions and dates of office visits and other medical history.
  • Special arrangements made for health care, including advance directives
  • Funeral prearrangements
  • Trust documents
  • Will
  • Sources of income and assets
  • Bank statements and safe deposit box locations
  • Mortgage papers
  • Investment records
  • Negotiable securities
  • Credit card information
  • Most recent income tax return
  • Loan papers
Contact us today to discuss the home care options for you or a loved one in Greater Victoria, or to book a Free In-Home Consultation.

 


We proudly serve the following towns and communities in Greater Victoria:
Victoria, Oak Bay, James Bay, Colwood, North Saanich, Central Saanich, Saanich, Sydney, Langford, View Royal, Metchosin.

Contact Us Today to Speak with a Home Care Specialist!

Testimonials

Jennifer

“I just want to thank you properly for the excellent service you gave me in providing such consistently top-notch caregivers for my father, sometimes on very short notice, since I started dealing with Retire-At-Home last October. You were always accomodating, inifinitely pleasant, helpful and supportive.”

Jennifer

2014-12-11T17:53:08+00:00

Jennifer

“I just want to thank you properly for the excellent service you gave me in providing such consistently top-notch caregivers for my father, sometimes on very short notice, since I started dealing with Retire-At-Home last October. You were always accomodating, inifinitely pleasant, helpful and supportive.”

Bruce

“Michelle and Team:  Thank you for your caring services in helping my elderly mother with her transition from hospital back to home. We really appreciated your flexibility to organize support with short notice, as well as your understanding of the complexities and challenges of eldercare. We would definitely use your services again.” 

Bruce

2014-12-11T17:12:50+00:00

Bruce

“Michelle and Team:  Thank you for your caring services in helping my elderly mother with her transition from hospital back to home. We really appreciated your flexibility to organize support with short notice, as well as your understanding of the complexities and challenges of eldercare. We would definitely use your services again.” 

Bob and Linda

“Thanks so much for all the help and support you’ve given us with Richard and Emmy.  Even in the short time we’ve dealt with you you’ve shown us kindness, patience and compassion. You made our lives easier to bear and for that we’re forever grateful.”

Bob and Linda

2015-08-20T14:25:49+00:00

Bob and Linda

“Thanks so much for all the help and support you’ve given us with Richard and Emmy.  Even in the short time we’ve dealt with you you’ve shown us kindness, patience and compassion. You made our lives easier to bear and for that we’re forever grateful.”

Thomas

Retire-At-Home, Victoria, has provided a variety of services including personal care, house-keeping, cooking meals, and companionship as well as taking my father-in-law to doctor and dental appointments, trips to have his hearing aids and glasses repaired, shopping and outings. They monitor and have set up a system to check and make sure that my father-in-law is taking his medication and is eating adequate meals. The care-givers have been wonderful so that their service delivery that started at two days, progressed to three, and now it is five hours per day seven days a week. This would not have been possible without sensitive, caring, and capable staff from Retire-At-Home. 

Thomas

2014-12-11T15:45:36+00:00

Thomas

Retire-At-Home, Victoria, has provided a variety of services including personal care, house-keeping, cooking meals, and companionship as well as taking my father-in-law to doctor and dental appointments, trips to have his hearing aids and glasses repaired, shopping and outings. They monitor and have set up a system to check and make sure that my father-in-law is taking his medication and is eating adequate meals. The care-givers have been wonderful so that their service delivery that started at two days, progressed to three, and now it is five hours per day seven days a week. This would not have been possible without sensitive, caring, and capable staff from Retire-At-Home. 

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