Elder Care

As an overview, there are certain requirements which must be met to provide At-Home Nursing Care covered by Medicare. Please note that Medicare imposes strict limits in this area since it has a great potential for abuse. Currently, Medicare is limited to coverage for nursing care, physical, speech and vocational therapy and certain home health aides.

In many states, a Living Will becomes effective when it is signed, and witnessed by two witnesses. Frequently, the signature of the maker must also be notarized.

Check your state law:

You might wish to open a sample of a Special Durable Power of Attorney in a separate window to follow along with this discussion. You will need Adobe Reader to open this PDF. You may download it here.

Most states recognize Durable Powers of Attorney. However, like Durable Powers of Attorney for Healthcare, the laws in each state vary. Each state has their own requirements and limitations. Some states recognize that a Durable Power of Attorney will take effect immediately upon execution. This means that you should be extremely careful before you draft this document and have it executed.

In the unfortunate event that you become ill or mentally incapacitated, it is important for you to have a means of expressing what medical procedures you want to be performed before you become sick. It is surprisingly easy to do so with a Living Will. When creating a Living Will, you must be of sound mind and not incapacitated.


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