A parent may be mentally capable of managing any situation, and physically capable of managing most. However, due to limited mobility — for example – assistance is still necessary. A trip to the bank now requires coordination of the parent’s and child’s schedule. Even when a child is willing to transport an otherwise immobile parent, it is not always convenient . . . for either party.

In those situations, a “power of attorney” may help. A power of attorney is a document which allows a parent to transfer to a trusted child (or other person) the authority to manage certain responsibilities on behalf of the parent. Granting a power of attorney to a child does not mean the parent has given up any authority. It simply means the child can also manage those tasks.

Unfortunately, there are also circumstances in which, due to dementia or other debilitating conditions, a parent is unable to make any decisions. In effect, they must be protected from themselves or those who would take advantage of them.

In those cases, the child may need to be appointed as the “guardian” for their parent, effectively switching the roles of parent and child. In a guardianship, the parent no longer has the authority to make important decisions, because a court has found they no longer have the capacity to do so.

A guardianship is a serious step. It takes away a person’s liberty, but only because that person can no longer care for himself/herself. As a result, it can only be granted by a judge after several significant steps are taken to make clear that a guardianship is necessary.

Scams have become a serious threat for senior citizens, including in our community. Almost one third of successful scams make senior citizens the victim, even though seniors represent only 12% of the population.

There are several reasons for this: 

• Seniors are the most likely to have a “nest egg.”
• Seniors are from the “polite and trusting” generation.
• Seniors are less likely to report fraud.
• Seniors may not be strong witnesses. 
• Seniors are more susceptible to products promising renewed health, etc.

Unfortunately, the bad guys know this as well.

Scams often focus on seniors who are dealing with the loneliness, despondency, failing health or other frailties of age. A scam that may be obvious to you and me, and would have been obvious to your loved one previously, may now be a serious risk.

I recall reading on CNN.com about an elderly man recently diagnosed with early onset dementia. In most aspects of his life, he was still fully functional.

Unfortunately, he gave a few hundred dollars to what turned out to be a scam. This unleashed a torrent of aggressive tactics hounding him for more money. Eventually, this man took his own life to get away from the harassment. He left a note explaining how the money he had been promised was to be distributed.  He was still convinced the money would arrive the next day. Even if the result is not this tragic, too often the stories end with a lifetime of savings that has vanished.

No doubt the best solution is to avoid the scam in the first place. However, it can be difficult for vulnerable individuals to always be diligent in the face of repeated and insidious requests, whether blatantly aggressive or deceptively subtle. There are other steps which can be taken to ensure a weak moment does not turn into a drained bank account. Come to the next presentation to find out how your loved ones can be protected from these predators.

My clients often hear how important it is to have a Living Will as part of their estate plan. If death is imminent because of a terminal condition, and a doctor certifies there is no chance of recovery, a Living Will is the document that allows you to declare if you want to be removed from life support.

This document is often confused with what is called a “Do Not Resuscitate” or “DNR.”  In Idaho, a “DNR” is actually called a “POST” Order which stands for “Physicians Order for Scope of Treatment.”

A Post Order is different from a Living Will and serves a different purpose. The most obvious difference is that a Post Order is not valid unless a qualified health care professional signs it. In contrast, a Living Will need only be signed by you.

Very few people need to have a Post Order. However, every adult should have a Living Will.

A Post Order is designed for people with an advanced chronic or end-stage illness. If that person stops breathing or no longer has a pulse, a Post Order is the document which instructs medical professionals to avoid extraordinary measures to revive that person.

In other words, where a Living Will is designed to allow you to pass on in peace, if you have passed on (i.e., your pulse has stopped), a Post Order allows your passing to continue in peace.

Post Orders address additional issues as well. For example, if you might otherwise need medical intervention, a Post Order can instruct that you only be provided comfort care (i.e., to relieve pain and suffering in the last phase of life). In this way, it is like a Living Will which always instructs for individuals to receive comfort care when they are removed from life support.

A Will does not address all the important end of life decisions every adult should consider. Come to a free presentation and learn a simple process to address the issues that should be part of your estate plan.