Phinney Estate Law
Follow Us or Like Us
  • Home
  • About Us
    • Profile of Jamie Clausen
    • Profile of Michael Ballnik
    • Holistic Approach
  • Practice Areas
    • Estate Planning & Disability Planning
    • Probate & Trust Administration
    • Guardianship & Elder Law
    • Mediation & Conflict Coaching
  • Blog
  • Fee Schedule
  • Free Classes
  • Client Reviews
  • Contact Us

In What Circumstances Do Disability Plans Get Used?

9/8/2011

3 Comments

 
Picture
Planning for disability or incapacity tends to be an abstract process for many people.  In our opinion the best disability plans are ones where the person has truly imagined the kind of scenarios that would lead to the plan being used.  Understanding that helps them to think through what kids of decisions would need to be made, what qualities would you need in a decision maker, what kind of guidance would they need, and what conflict could arise.

Temporary Incapacity Due to Illness or Accident
When people think of this kind of planning they often focus on the end of life but many of us will need someone to make choices for temporary incapacity due to illness or accident as well.  At Phinney Estate Law we got a reminder of just how real that possibility was when Mike came down with a horrible stomach virus.  By the time we got childcare for our daughter and got the ER we was so dehydrated that he couldn't give coherent answers to the doctors trying to give him an IV about his medical history or consent for care.  Luckily we had his medical power of attorney on file with Group Heath and Jamie was able to take over making care choices for the hour it took for him to get enough fluids in him to be lucid.  Similar situations can arise when some has an allergic reaction, is render or is knocked out in an accident.  People in these situations usually want full active treatment and are able to resume decision making as soon as their situation is stable.  But for that short period, a good disability plan can make treatment more streamlined and effective.

Cancer
Approximately 20% of all Americans will die of cancer and many more will have successful treatment of the disease.  Cancer deaths peak at age 65 and diagnosis is usually proceeded by relative good health.  Diagnosis is usually followed by intense medical treatment with either recovery or a short terminal phase.  Cancer treatment frequently requires surgery and it is not uncommon that doctors will discover additional tumors during an operation.  Because the patient is usually under and can't give consent, the frequently need to seek authority from others to address those issues rather than risk further surgery.  Chemotherapy and Radiation are also frequently used.  Both can cause unexpected side effects that can render the patient temporarily unable to make medical and other life choices.  If the cancer cannot be treated, the end of life is often accompanied by intense pain that can be managed by medication but not without making the patient too groggy too make their own choices.  This is a period when choices about care can be complicated and when patients often benefit from hospice.

Organ Failure
Deaths from organ failure, generally heart, lung, and kidney disease, peak among patients 75 years old.  These deaths account for about one in four deaths in America. Deaths from organ failure often runs a far bumpier course than cancer. These patients’ lives are punctuated by bouts of severe illness alternating with periods of relative stability. At some point rescue attempts fail, and then death is sudden. While the patients are often able to make all the decisions necessary for early interventions and chronic treatment, frequently others must make choices during crisis including how to manage the final emergency. 

Dementia & Frailty
For many people death following extended frailty and dementia is their worst nightmare. It can be an long and dignity robbing series of losses for the patient, and an exhausting and potentially bankrupting ordeal for the family. But approximately 40 percent of Americans follow this course, and the majority of those living beyond 85 years of age. 

These patients must depend on the care of loved ones, usually adult children, or the kindness of strangers, the aides who care for them at home or in nursing facilities.  Those suffering from physical frailty lose the ability to walk, to dress themselves or to move from bed to wheelchair without a lift. These patients require diapers, spoon-feeding and frequent repositioning in bed to avoid bedsores. Those with dementia, most often Alzheimer’s disease, lose short-term memory, fail to recognize loved ones, get lost without constant supervision and eventually forget how to speak and swallow. They typically need custodial care and someone else to make all of their medical choices and take over their financial management.  These decision makers face many tough choices about when to seek or decline medical care for patients, especially as their quality of life diminishes, and these choices are made more difficult when the decision making takes place over a long period of time with no meaningful input from the patient.

Each of these scenarios present their own challenges, stresses, and conflicts.  In our experience each is made more bearable for all involved if their advanced planning that assigns the right person to make choices and provides them with a guide as to what choices they should make.  If you are interested in setting up a free consultation to get started on such a plan, please contact us (206) 459-1908 or info@phinneyestatelaw.com.




3 Comments
Laser surgery for eye link
7/29/2012 09:17:27 pm

Good read. There is currently quite a lot of information around the disability planning on the net and some are most definitely better than others. You have caught the detail here just right which makes for a refreshing change – thanks.

Reply
louis vuitton replica link
8/24/2014 05:21:17 pm

But for that short period, a good disability plan can make treatment more streamlined and effective.

Reply
prada replica link
8/24/2014 05:22:11 pm

While the patients are often able to make all the decisions necessary for early interventions and chronic treatment, frequently others must make choices during crisis including how to manage the final emergency.

Reply



Leave a Reply.

    PEL Blog

    This Blog is written by Seattle Attorneys Jamie Clausen & Michael Ballnik.
    It is made available for educational purposes only. Its purpose is to give you general information and a general understanding of the law, not to provide specific legal advice. Reading this blog does not create an attorney client relationship between you and Phinney Estate Law. Because each individual and family is unique, the Blog should not be used as a substitute for legal advice from a licensed professional attorney in your state.

    Archives

    March 2022
    April 2020
    January 2020
    April 2018
    December 2017
    October 2017
    March 2016
    November 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    December 2014
    October 2014
    September 2014
    August 2014
    March 2014
    January 2014
    June 2013
    May 2013
    April 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    May 2012
    April 2012
    March 2012
    January 2012
    October 2011
    September 2011
    August 2011
    July 2011

    Categories

    All
    Abatement
    Admemption
    Administrator
    Advance Health Care Directive
    Collaborative Law
    Community
    Community Classes
    Debt
    Disability Planning
    Discounts
    Downsizing
    End Of Life Planning
    Estate Planning
    Events
    Guardianship
    Health Care Agent
    Health Care Planning
    Holistic Law
    Immigration
    Informed Consent
    Intestate Administration
    Last Will And Testament
    Legacy
    Legacy Planning
    Legacy Statement
    Lgbt
    Living Will
    Mediation
    Organ Donation
    PEPS
    Posthumous Heirs
    Power Of Attorney
    Probate
    Probate Litigation
    Quasi-community Property
    Science Alerts
    Slayer Rule
    Social Security
    Tax
    Trust Administration
    Undue Influence
    Unmarried Partners
    Will Contest
    Word Of The Week

    RSS Feed