Power of Attorney

Knowledgeable Medical Planning Attorneys Representing Medicaid Clients in Kentucky
Unfortunately, health issues come with old age. While everyone hopes to remain strong and healthy and in control of their mental faculties, a whole host of various diseases and ailments may strike you suddenly, leaving you unprepared to make important medical decisions. In some instances, you may slowly and permanently lose your ability to make decisions for yourself, such as due to dementia or mental illness. In other instances, a quick onset of illness may incapacitate you. During these times, lifesaving medical decisions may need to be made, but you will be unable to make them.

In those situations, your loved ones and doctors will scramble to appoint a health care surrogate to make medical decisions for you. This process involves filing through the court system and receiving an appointment by a judge. Your life may be on the line. By preparing in advance for these unfortunate circumstances, you can reduce stress and increase reaction time. Skilled Medicaid planners can educate you on how to arrange a power of attorney or a living will to cover any situation in which you become incapacitated and unable to make decisions. The knowledgeable Medicaid planning attorneys at Goeing Goeing & McQuinn, PLLC have years of experience practicing elder law and probate law and can assist you with exploring and understanding your legal options. Call us today at (859) 904-2045 for a free consultation.

Power of Attorney
A general durable power of attorney is a vital document used in the Medicaid planning process. A general durable power of attorney states that you appoint a specific person to make financial decisions for you when you are unable to. Because these are your decisions, you hold the power, and you are therefore transferring this power to someone else. The person who receives the power is an attorney-in-fact. They do not have to be a licensed attorney. They can be a family member or close friend. The power of attorney is labeled as durable because it remains in force even if and when you become incapacitated. Therefore, when you are unable to make your own decisions, the person you appoint then comes in to take care of your finances.

A health care power of attorney is similar to a general durable power of attorney except instead of making decisions on your finances, the health care power of attorney makes medical decisions for you. These medical decisions could include whether the doctor should give you certain types of medication, which treatment or services you should undergo, and more.

You can also appoint a HIPAA representative to communicate with Kentucky’s Department for Medicaid Services for you. Your medical records are confidential and cannot be accessed by another person. However, by appointing someone as your HIPAA representative, you give them the right to access your records and obtain information on and file Medicaid claims for you.

Living Wills
A living will can be used in conjunction with a power of attorney. A living will is akin to a will in that it is a legal document, executed and signed by you, that enunciates your desires for medical treatments you are and are not interested in undertaking should you become incapacitated. For instance, you may indicate in your living will that should you go into cardiac arrest, the doctors are not permitted to resuscitate you.

Medicaid Planning Attorneys Can Use Powers of Attorney and Living Wills to Secure Medicaid for You
You want to be prepared for the worst even if you hope for the best. A Medicaid planning attorneys can assist you with preparing legal documents such as powers of attorney, HIPAA representative appointments, and living wills. Contact Goeing Goeing & McQuinn, PLLC at (859) 904-2045 for a free initial consultation on powers of attorney documents and living wills.