Living Will
A Healthcare Directive, sometimes referred to as a Living Will, authorizes another to instruct your doctor when, in the doctor’s opinion, you are no longer to consult on your care. You may use a Healthcare Directive to also make hospice care instructions, but that is the true role of a Living Will.
Of value to many is exercising an election to authorize a family member to make present medical decisions for you independent of mental competency. This requires a positive affirmative election and notice in your Directive. The Healthcare Directive document may also address cremation, organ donation, and burial.
Mark Kelly has assisted hundreds of clients on these matters and welcomes the opportunity to assist you.
A Living Will, first developed over 20 years ago, has evolved into a set of hospice care instructions. Such instructions can be included in a Healthcare Directive if you desire. Persons facing end of life will often consult with a hospice care nurse. Those discussions will often result in a set of hospice instructions, or Living Will.
Medical Assistance – The law expects people to pay for their own medical care unless they are indigent. When that occurs, the county Medical Assistance (MA) program will step in. The obligation to pay for medical care imposes a five-year look back to recapture gifts made prior to the date of the MA application. You cannot give away your money to your children and still qualify for Medical Assistance, if you did so less than 5 years ago.
