Legal and Elder Care Planning



Especially if you are an older adult, you should have a will or trust drawn up as well as a power-of-attorney and an advanced directive.   The difference between a will and a trust is a will is a legal document that goes into effect after the person dies while a trust goes into effect as soon as it is created.  The trustor (the creator of that trust) can name others to be in charge of the trust when she or he becomes incapacitated or dies.

A living will, also known as a Health Care Directive, is a legal document in which a person specifies what actions should be taken for their health care if they are no longer able to make decisions for themselves because of illness or incapacity.  The person named as the health care authority has the power to make medical decisions and sees to it that the wishes of the person is carried out. 

Another legal document many seniors find is a good idea to have is a Durable Power Of Attorney (DPOA).  The document is used if the person (the principal) ever becomes mentally incapacitated and covers both financial and medical decisions.   The attorney-in-fact or agent in effect becomes a legal guardian for the disabled principal.

These types of documents should be drawn up before a person becomes incapacitated.  If someone has a diminished capacity due to Alzheimer’s disease or another medical condition and needs someone to handle their medical and financial decisions, a person can pursue a legal Guardianship status for them.  Legal guardianship is granted by the courts and typically continues throughout the remainder of the person’s life.  Please refer to your financial consultant or attorney for more information. 

MorningStar at Mountain Shadows represents the best in senior living with a unique mission statement “to honor, to serve, to invest.” We have built our foundation on honoring God, valuing all seniors and selecting staff with a felt calling to serve…all of which contributes to creating a true home for residents amid a beautiful, serene setting. Call to schedule a visit to one of the finest assisted living facilities Colorado Springs offers.


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