Hospice Illinois Blog

In my estate planning and elder law practice I have had the good fortune to help many families make end-of-life decisions. In addition my mother and sister have been hospice volunteers for many years. They have given me the benefit of their experience. shared their experiences with me. Their helpful words have added to my own years of experience in helping families.

The decision to enter hospice care may be the difficult but once made it can be liberating for the ill family member as well as the caregiver. When you realize that medical treatment has gone as far as it can the patient and the family can take time to be together without the exhaustion which caregivers often experience.

Hospice is not a place or a group it is a stage in the care of a terminally ill person. It is a step toward a better quality of life as the end approaches. Patients and their loved ones can take comfort knowing that when modern medicine plays out and there is no more hope for a cure, it can still provide medication and treatment to help manage discomfort.

The quality of the terminally ill person’s last days are often improved through the extra time which family members can spend with them. The sensitive care and the support of a loving community can help the terminally ill patient and their family prepare to face the challenges ahead.

Medical care with the aim of relieving physical and emotional discomfort is known as palliative care. Once discomfort is taken out of the mix then the patient and the family can concentrate on the important business gaining closure.

Hospice care can, in some cases, be provided at the patient’s home. Home hospice care works best when family members are involved in the patient’s care. The focus is on allowing the patient to continue with as much of their regular life as is practical while maintaining proper medical care.

A hospice program can arrange for a primary caregiver to assist the patient so the family can be relieved of caregiver duty. If a family member decides to act as the primary caregiver then the hospice program can offer a respite or relief support so the caregiver can rest at intervals and still maintain a high level of patient care.

The hospice program will normally set up any equipment the patient needs and train the caregiver to properly give medications. The hospice program can arrange for nursing care if that level of skilled care is required. Nursing care may be required depending on the type of treatment the patient receives.

It is important that each family member be involved in the decision and that everyone, who is likely to visit, understands who the caregivers are and when each is responsible for care. A posted schedule can go a long way to making sure that one family member does not end up exhausted.

Thomas J. Olofsson, Attorney at Law, www.MyTrustLawyer.com

by Tom Olofsson, Attorney at Law, www.MyTrustLawyer.com (773) 905-1193

Sometimes a power of attorney is not the best way to insure that someone you choose will be ready to help you when you need it.

In these situations a better choice may be to set up a trust.

A trust can have, built into it, helpers who are able to help you when you are unable to visit the bank on your own. The helpers named in a trust are known as trustees. The trustees you choose are much more able to assist you than the agent in a power of attorney.

You can be the trustee of your own trust. The successor trustees you pick are ready to help you when you need it.

Banks and brokerage firms do not get in the way of successor trustees in the same way they do with agents under powers of attorney

by Tom Olofsson, Attorney at Law, www.MyTrustLawyer.com (773) 905-1193

by Tom Olofsson, Attorney at Law, www.MyTrustLawyer.com (773) 905-1193

There are several important questions to consider when deciding whether the person you are considering is a good pick to be the agent under your power of attorney.

1. Will they do what I want them to do? If they will not carry out your wishes then do not pick them even if you may hurt their feelings.

2. Will they have the strength to do what needs to be done? If they are not able to deal with tough questions and tough people who will try to sway their minds then do not pick them.

3. Are they good with money? If they can not balance their own checkbook they are not likely to balance yours. If they do not keep good records then they will get themselves into trouble when they lose track of your money.

4. Will they consider the job to be a burden? If they look at this as a burden then they will not pay enough attention to your finances.

5. Will they give in to outside influences? If the porson you pick is married to someone you do not want involved in your affairs then do not pick them. You do not want them to choose between their duty to you and their spouse.

6. What happens when the person you pick becomes ill themselves? You must pick a back-up agent to serve if your first choice is not available.

If you have no one who fits all the requirements then you still have an option.

Pick the person who is closest to the ideal then pair them with a professional.

A trust company can lend expert advice to the person you believe has your best interest at heart. When a family works with a professional trustee they have the perfect reason defense against people who would ask them to do the wrong thing. “The trust company is in charge of that”, is the easy way for them to get out of tight situations.

In any case we recommend that a trust company be named as a back-up agent against the day when the person you have named is unable to perform the task.

by Tom Olofsson, Attorney at Law, www.MyTrustLawyer.com (773) 905-1193

by Tom Olofsson, Attorney at Law, www.MyTrustLawyer.com (773) 905-1193

At one time a power of attorney and a will were all the estate plan that most people needed. Today this no longer true.

Back in the 1990’s part of the federal government made a new rule that resulted in powers of attorney which are more than 90 days old to not be honored by brokerage firms, mutual fund companies, and most recently by banks.

There is no law that says a bank or other financial company can ignore or refuse to take your power of attorney. They still often refuse to allow the use of an old power of attorney document. These financial institutions would like your chosen agent to go to court. They would like a judge to tell them that they must follow the instructions of your agent.

If this happens and they make a mistake or the power of attorney was revoked in the past then the financial institution is off the hook.

All of this makes a financial power of attorney less helpful than it once was.

I still recommend that everyone have a power of attorney but it can no longer be relied upon as the centerpiece of your estate plan

By Tom Olofsson, Attorney at Law, www.MyTrustLawyer.com 773-905-1193

Power of Attorney describes a relationship between two people. The first person (we will call him “Tom”) thinks there may come a time when he will not be able to handle his own affairs. He may think that he will become ill or that he will be out of the country, such as while he is in military service, he may be on vacation for a period or time or he may simply have some things coming up which he would rather have someone else handle for him.

If Tom wants someone else to be ready to stand in his place and take care of important matters for him he may name a trusted friend, relative, or attorney to take care of business for him.

Tom has a friend who we will call her Sue. Tom can name Sue as his agent to take care of his business at the bank. When this is done Sue is said to have “power of attorney” for Tom. Sue is now authorized to act on the behalf of Tom. Sue will have papers with him to show that Tom has asked him to help.

These papers are known as a Power of Attorney. The papers are evidence that Tom trusts Sue to help him with his business matters.

Sue must be careful with the money and assets of Tom and Sue must never use Tom’s money for Sue’s benefit. Sue is a trusted person which is known as a fiduciary. As a fiduciary Sue must do only what is best for Tom.

Sue can get paid for being an agent. The fees must be reasonable but Sue can be paid for her efforts.

Powers of attorney differ in when the power starts. Sue can get her power right when the paper is signed or after Tom’s doctor says he is ill enough to need help.

Powers of attorney are also differ in when the power ends. the power of attorney papers show that the authority expires at a certain future date such as after Sue has finished selling Tom’s car.

The authority under some power of attorney papers can end when Tom becomes unable to speak for himself.

If a power of attorney grants authority which lasts beyond any disability Tom may have in the future is called a ‘durable’ power of attorney. It is said to be durable because it lasts through the disability.

In any case all powers of attorney end with the death of Tom. No authority lasts after Tom has died.

Tom Olofsson, Attorney at Law, www.MyTrustLawyer.com