Supports Vocabulary Power of Attorney – private document to manage decisions. Chris Henderson Guardianship – court appointed relationship to manage decisions; someone’s rights are being taken away and given to a guardian. Advance directive/advance medical directive/living will – similar to power of attorney (private document). What happens when a person loses POSLT – Physican’s order on life sustaining treatment. cognitive capacity and doesn’t Trust – private agreement to manage assets. have advance planning documents Legal tools in place? How are important Surrogate decision maker/conferred authority (guardianship, decisions made when a person is POA). not capable of making those Conferred authority – make decisions on behalf of decisions and has not another adult. Granted by adult, courts or operation of communicated their wishes in law. advance? What are the key things POA – principal does not lose the ability to make a person with AD/dementia should decisions; principal must have capacity to sign the POA; consider in terms of advance decisions of the principal ‘trump’; revocable instrument. planning? What are the legal tools Directions to provider(Advance Directive, POLST). available for advance planning? Voluntarily transferring control of assets (Trusts). And barriers to their use? Conflicts & problems with no tools or improper use of tools Lack of planning – can make it impossible to use the tools that require participation of incapacitated person; difficulty acting quickly; addressing ieeues in crisis increases probability of conflict. Multiple plans – instigated by different children. Incomplete plans. Too much authority invested in too few people. Barriers to proper use of tools Lack of urgency. Expense. Lack of knowledge. Lack of someone to name as authority. Unwillingness to discuss end of life. Overcoming barriers Q: Is an attorney under a duty not to assist if they question whether the principal has capacity? A: Affirmative duty is not completely clear. They have a duty not to do this if it’s clear or they definitely know there is a lack of capacity. Q: Does the attorney ask about prior documents? A: Yes. Q: Difference between elder law and estate planning attorneys? A: No state certification for elder law attorneys in WA; there is a national academy of elder law attorneys and WA attorneys can get certification that way. [Table discussion on how to get people to do advance planning]
Supports Chris Henderson What happens when a person loses cognitive capacity and doesn’t have advance planning documents in place? How are important decisions made when a person is not capable of making those decisions and has not communicated their wishes in advance? What are the key things a person with AD/dementia should consider in terms of advance planning? What are the legal tools available for advance planning? And barriers to their use? Vocabulary Power of Attorney – private document to manage decisions. Guardianship – court appointed relationship to manage decisions; someone’s rights are being taken away and given to a guardian. Advance directive/advance medical directive/living will – similar to power of attorney (private document). POSLT – Physican’s order on life sustaining treatment. Trust – private agreement to manage assets. Legal tools Surrogate decision maker/conferred authority (guardianship, POA). Conferred authority – make decisions on behalf of another adult. Granted by adult, courts or operation of law. POA – principal does not lose the ability to make decisions; principal must have capacity to sign the POA; decisions of the principal ‘trump’; revocable instrument. Directions to provider(Advance Directive, POLST). Voluntarily transferring control of assets (Trusts). Conflicts & problems with no tools or improper use of tools Lack of planning – can make it impossible to use the tools that require participation of incapacitated person; difficulty acting quickly; addressing ieeues in crisis increases probability of conflict. Multiple plans – instigated by different children. Incomplete plans. Too much authority invested in too few people. Barriers to proper use of tools Lack of urgency. Expense. Lack of knowledge. Lack of someone to name as authority. Unwillingness to discuss end of life. Overcoming barriers Q: Is an attorney under a duty not to assist if they question whether the principal has capacity? A: Affirmative duty is not completely clear. They have a duty not to do this if it’s clear or they definitely know there is a lack of capacity. Q: Does the attorney ask about prior documents? A: Yes. Q: Difference between elder law and estate planning attorneys? A: No state certification for elder law attorneys in WA; there is a national academy of elder law attorneys and WA attorneys can get certification that way. [Table discussion on how to get people to do advance planning]
ADWG%20Meeting%20Minutes%20January%207%202015.docx