A Guide to Hospice Care

Mar 28, 2011  /  By: C. Gary Hicks, Estate Planning Attorney  /  Category: Elder Law, terminal illness

If you have a loved one who is reaching the end of his or her life, you know how challenging it can be to watch your loved one suffer due to pain.  To provide more comfort and lessen pain, you may want to consider hospice care. Take a look at answers to some of the common questions below.

What is hospice care?

Hospice care is aimed at providing your loved one with as much comfort as possible during his or her last days.  Not only is this a beneficial way to make sure that your loved one is at ease, it can also be a great way for you and your family to get the counseling that is needed to deal with the challenges that lay ahead.

Hospice care can be provided at a hospital or home.  Since focus has been shifted from curing an illness or disease to providing comfort and lessening pain, there is usually no need for hospital machinery and other equipment.

What type of care is provided?

The care that is offered often differs depending on each agency.  Below are some examples of the type of care that is usually provided:

  • Nursing and medical care, if needed
  • Help with daily bathing, cleaning and cooking
  • Pain medication and other medication to aid in comfort
  • Counseling services for the patient and family members
  • Bereavement care following death

How will I pay for hospice care?

Many insurance providers pay for some of the costs associated with hospice care.  Medicare may also pay for the costs if your loved one is eligible for Medicare and if the following is true:

  • a doctor verifies that the patient has a terminal illness and will likely die within 6 months
  • the patient signs a statement choosing hospice care instead of normal medical benefits

An elder law attorney can explain the financial options and guide you and your loved one throughout the process of deciding if hospice care is the right choice.

If you have any questions about hospice care, consult with an experienced elder law attorney.

Ryan, Hicks, Cumpton & Cumpton LLP is a member of the American Academy of Estate Planning Attorneys.

Estate Planning and Terminal Illness

Jan 05, 2011  /  By: C. Gary Hicks, Estate Planning Attorney  /  Category: Estate Planning, GLBT, Incapacity Planning, terminal illness

Many people believe that once they have been diagnosed with a terminal illness it is too late to do any estate planning. This is a misconception, whether it is Alzheimer’s, AIDS or cancer or some other debilitating or terminal disease estate planning can give the ill person a better sense over control over their life and the disease. The documents that a person with a terminal illness should consider executing are :

  • Power of Attorney – will allow the ill person to determine who will handle his/her financial affairs when they are unable to do so.
  • A healthcare power of attorney – directs who will medical decisions for you and outlines your wishes regarding medical treatment. This could be combined with a living will, which determines your wishes regarding end of life care. The person who directs your financial affairs and your financial affairs do not have to be the same person.
  • Will or Trust – will direct how your property is to be distributed. This is especially important in gay relationships. A will can also provide for guardianship of children but is not binding on a court.
  • Inter vivos guardianship – is set up during your lifetime and may be a better instrument for protecting your partner’s rights to your children. This is especially important in situations where grandparents may not have approved on your relationship and might seek custody of your children. Include an affidavit with that guardianship explaining your choice of one guardian over another to make sure a court would be aware of your reasoning behind your decision.

Choosing the right attorney is important in this circumstance because of the extra sensitivity of the issues involved. You need legal counsel that is experienced in end of life issues as well as one who has experience with non-spousal domestic partnerships.

Ryan, Hicks, Cumpton & Cumpton LLP is a member of the American Academy of Estate Planning Attorneys.