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FAQ: Anything unique for durable powers of attorney for health care for people over 65?

4/17/2012

4 Comments

 
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While there are many special considerations in drafting advance health care directives for people over 65, the language of your durable power of attorney for health care will likely look very similar to one drafted for someone younger. 

The main differences may be the considerations of the age and health of your agents.  Often people select spouses, siblings or close friends of their own age to serves as their agent.  That may still be the best selection for your first and perhaps second choices. 

However, it is important to remember that as we age the chances of our developing dementia or suffering a stroke that limits our ability to update our plans statistically increases.  That means that it may become difficult, if not impossible, to update your planning documents as agents in your own age group develop similar health issues. 

If you have selected a parent or other older friend or relative, it may be time to make a replacement. It may also be time to add a second back up agent and to try to select some younger that you.  It may be time to consider adult children, nieces or nephews, or children of close friends. 

As with any selection of agents you should make sure that they are going to be willing to have a frank conversation with you about your wishes and will be available to serve in the role.  You should also begin to more regularly review your documents so that you can make corrections if any of your selected agents pass away or develop health conditions that would limit their ability to serve. 

It may also be time to start thinking about being more open with your agents about your health than you might have been in the past.  If you are primarily relying on adult children to serve as your agent, you may need to start sharing health information that you would otherwise choose to keep private.  Without solid information, too often children have an unrealistically rosy view of their parent’s health and that may lead them to make less than ideal choices if a crisis strikes and they have been out of loop.

4 Comments
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