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Power of Attorney, Trusts, & Last Will and Testament

An elder law attorney can provide significant assistance with setting up power of attorney, trusts, and last wills and testaments, ensuring your wishes are carried out and your assets are protected.

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How Jewell Elder Law Can Help

An elder law attorney helps link together power of attorney, trusts, and last wills and testaments to create a comprehensive plan for managing your affairs and protecting your assets. The power of attorney ensures that someone you trust can make financial decisions for you if you become incapacitated, providing immediate support and continuity. Trusts allow you to manage and distribute your assets both during your lifetime and after your death, helping to avoid probate, reduce taxes, and protect your beneficiaries. Finally, a last will and testament outlines how your remaining assets should be distributed after you pass away, ensuring your wishes are clearly communicated and legally upheld. Together, these legal tools provide a robust framework for managing your affairs, safeguarding your assets, and ensuring your wishes are honored.

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Power of Attorney

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  • Drafting the Document: An elder law attorney can draft a power of attorney document that clearly outlines who will have the authority to make financial decisions on your behalf if you become incapacitated.

  • Customizing Powers: They ensure that the document specifies the powers granted to the appointed person, tailored to your specific needs and circumstances.

  • Legal Validity: They make sure the power of attorney is legally valid and meets all state requirements, providing peace of mind that it will be honored when needed.

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Trusts

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  • Creating Trusts: Elder law attorneys can help you establish various types of trusts, such as revocable living trusts, irrevocable trusts, or special needs trusts, depending on your goals.

  • Asset Protection: They provide advice on how to use trusts to protect your assets from probate, reduce estate taxes, and manage how your assets are distributed to beneficiaries.

  • Trust Management: Attorneys can guide you on selecting a reliable trustee and help you understand the trustee's duties and responsibilities, ensuring your trust is managed according to your wishes.

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Last Wills and Testaments

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  • Drafting a Will: An elder law attorney can draft a last will and testament that clearly outlines how your assets should be distributed upon your death, ensuring your wishes are carried out.

  • Legal Requirements: They ensure the will meets all legal requirements to be valid, including proper witnessing and signing procedures.

  • Updates and Changes: Attorneys can assist with updating your will as your circumstances change, ensuring it always reflects your current wishes and situation.

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By leveraging their expertise, elder law attorneys help you create comprehensive and legally sound plans for managing your affairs, protecting your assets, and ensuring your wishes are honored both during your lifetime and after your passing.

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Filling Out a Medical Form

Health Care Declarations, Advanced Care Directives & HIPPA Documents

An elder law attorney can play a crucial role in preparing Health Care Declarations, Advanced Care Directives, and HIPAA documents to ensure your healthcare wishes are respected and your medical information is properly managed.  Having Health Care Declarations, Advanced Care Directives, and HIPAA documents are crucial because they ensure that your healthcare preferences are respected and your medical information is managed correctly if you are unable to make decisions for yourself.

Health Care Declarations

Advanced Care Directives

HIPAA Documents

  • Drafting the Document: An elder law attorney can help you draft a Health Care Declaration, which outlines your wishes regarding medical treatment and end-of-life care.

  • Customization: They ensure the declaration reflects your specific preferences and values, providing detailed instructions to healthcare providers and loved ones.

  • Legal Validity: The attorney ensures the document complies with state laws and is legally binding, giving you peace of mind that your wishes will be followed.

  • In Indiana, an Advanced Care Directive is a crucial document that combines a Living Will and a Durable Power of Attorney for Health Care into one comprehensive plan. At Jewell Elder Law, we frequently receive inquiries about these documents and their importance.  

  • Integration with Other Documents: They ensure your advanced care directives are integrated with other legal documents, like your will and trusts, to provide a cohesive plan.

  • Authorization Forms: An elder law attorney can prepare HIPAA authorization forms, allowing your designated representatives to access your medical information and communicate with healthcare providers.

  • Ensuring Compliance: They ensure these forms meet all legal requirements under the Health Insurance Portability and Accountability Act (HIPAA), protecting your privacy while allowing necessary access.

  • Coordination with Care: By preparing these documents, the attorney helps coordinate your care effectively, ensuring your health care agents have the information they need to make informed decisions.

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Health Care Declarations and Advanced Care Directives

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These documents outline your wishes regarding medical treatment and end-of-life care, providing clear instructions to your healthcare providers and loved ones. For instance, if you were to become seriously ill or incapacitated, these directives would let everyone know your preferences for treatments, such as whether you want life-sustaining measures like ventilators or feeding tubes. This helps prevent confusion or disputes among family members and ensures that your medical care aligns with your values and desires.

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HIPAA Documents

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HIPAA documents are important because they allow your designated representatives, like family members or trusted friends, to access your medical information and communicate with healthcare providers. Without these documents, privacy laws could prevent your loved ones from getting the information they need to make informed decisions about your care. By having HIPAA authorization forms in place, you ensure that those you trust can advocate for your health and well-being effectively.

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In summary, these legal tools provide peace of mind by ensuring your healthcare wishes are known and respected, and by allowing trusted individuals to manage your medical care and information if you are unable to do so yourself.

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