End of Life Care

Friday, October 28, 2011

Long-Term Care Awareness Month: Facing the Facts and Being Prepared

Long-term care is an issue most people avoid like the plague.  No one likes to think about getting old, losing their independence or having to spend any length of time in a nursing home or other long-term care facility.

Because of these fears, many people tune the issue of long-term care planning out all together.   They plug their ears to the warnings of their financial advisors, doctors and even close family and friends that the time to plan for the inevitable is now.

I believe that’s why a national observance was dedicated to this very topic: far too many people are in denial, and therefore unprepared, for the transitions that quickly happen in the later stages of life.

We all know that sickness, mobility issues, disability or even incapacity can strike without warning.  Even degenerative diseases like Alzheimer’s can progress so rapidly that your family’s hands could be tied regarding your care.

For example, you may not want to go into a nursing home, but have you provided your family with any legal and financial tools that give them any other choice?

Have you investigated exactly what type of coverage Medicare or Medicaid provides, and whether you will even be eligible for such coverage should an immediate need for long-term care present itself (99% of people are shocked by these findings).

Most importantly, have you put the right legal documents in place that allows someone to quickly step in and handle your finances and medical needs in an emergency, or will your loved ones be blocked by strict HIPAA laws, ultimately leaving you in the lurch?

These are all important issues that must be addressed sooner, rather than later, if you want some control and flexibility during the final years of life.

With that said, I encourage you to take some time this week and weigh your options about things such as long-term care insurance, financial planning and supplemental government aid.  Talk to your attorney about documenting your choice of health care agent, power of attorney and additional steps you can take to protect your assets should the need for long-term care ever arise.

Just start by getting the facts.  Then once you are armed with the right information, take proactive steps to make a plan.  The independence and quality of life you enjoy in the golden years depends on it.

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Monday, July 18, 2011

Houston Wills and Trusts Lawyer Offers Ways to Approach “Tough Conversations” With Mom or Dad

When meeting with a wills and trusts lawyer in Houston for the first time, many adult children realize that they have no idea where their parents stand in terms of having the right plans in place to protect their assets and wishes if something happens to them.

Do their parents have a will or trust and, if so, where are these and other important documents located? Should assisted living or nursing home care become necessary, what plans are in place to cover the costs? Will mom or dad even have enough money after these costs to carry them through retirement?

These are some very important questions that need to be asked, and an experienced Houston wills and trusts lawyer can steer you in the right direction. That being said, no matter how good your relationship is with mom or dad, the subject can be a difficult one to approach.

Perhaps the best place to start is timing. Holidays such as Christmas, Hanukkah and Thanksgiving are known to be stressful times, so avoid these occasions. Current events often present the perfect opening, as there is always some Hollywood legend or financial mogul who dies leaving a fortune for the heirs to squabble over.

Or, the personal experience of a friend or relative can be worked into a dialogue. “So-and-So’s mother was admitted to the hospital recently and no one knew where to find her important papers.” For the adult child who is doing estate planning of their own, it would only be natural to want to discuss their parents’ plans with them during this time.

For some families, several conversations over a longer period of time might be a better approach. No one wants to feel like they are being told what to do, and money matters are often emotionally charged conversations to begin with. 

Remember, advance preparations are in the best interests of the parents, sothattheir wishes can be carried out upon death.  Be sure to communicate this from the start to avoid your parents shutting down or getting defensive about the questions you are asking.

Finally, don’t forget to include the topic of long-term care in your conversations with mom or dad.   While no one likes to think about the possibility of becoming disabled or incapacitated by something like a stroke or Alzheimer’s disease, it does happen and it’s something that must be planned well in advance for.  If you start early enough, an Houston wills and trust lawyer can help you put the right plans in place to ensure mom or dad’s wishes during incapacity are honored and that they won’t be forced to sell or give away all of their assets in order to qualify for state or federal assistance.

Are you now ready to help your parents put a rock-solid plan in place that ensures their end-of-life wishes are honored to the fullest?  Then be sure to call our Houston wills and trusts lawyers for assistance.  With the mention of this article, you may qualify for a Lifetime Legacy Planning Session ($750 value), at no-charge.  Simply call (281) 218-0880 to find out more. 

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Friday, June 10, 2011

Advice on Medicare and Medicaid from a Wills and Trusts Lawyer in Houston

Wills and trusts lawyers in Houston frequently get inquiries about arrangements for long-term care. Life expectancy continues to rise, due in part to more effective treatments for diseases previously thought to be terminal.

This is great news, but with a larger elderly population, new dilemmas arise, including uncertainties related to assisted and rehab care facilities. Two of the most frequently asked questions are, “How do I pay for short-term and long-term care?” and “What is the difference between Medicare and Medicaid and what can each offer me?”

Medicare and Medicaid both pay for certain aspects of rehabilitation after a hospital stay, but there are specific requirements that must be met. A knowledgeable wills and trusts lawyer can give you the exact stipulations and explain the difference between Medicare and Medicaid provisions.

In general terms, Medicare provides coverage to people over the age of 65, and is similar to regular health insurance. Since Medicare is a federal program, benefits and requirements are universal for all states. An individual must have been hospitalized for at least 3 days and 3 nights before transferring to a nursing or rehabilitative facility, and the move must be made within 30 days of the hospital stay. In a sense, Medicare pays for an acute occurrence and the rehabilitation from it.  Since Medicare coverage is not intended for custodial care or long-term care, the patient must demonstrate a need for skilled care, in-home or in a care facility, and show that progress is being made toward recovery. If qualified, Medicare will cover a total of 100 days, the first 20 days paid in full and the next 80 days with a co-pay of $124 per day.

On the other hand, Medicaid is a state-run entity intended for those in financial need with different rules and qualifiers which vary from state to state.  Just as wills and trusts in Houston are subject to the specifics of state law, so must certain criteria be met to be eligible for benefits.  In nearly all states, the patient would need to spend down his/her assets to around two-thousand dollars, although some states exempt certain assets-- such as your house and car--up to a predetermined value. Any subsequent income the patient gets, including social security, goes first to paying for long-term care.

Unlike Medicare, Medicaid does offer custodial care, but not all facilities are Medicaid approved. Due to the small percentage of nursing homes which offer Medicaid approved housing, and possible waiting lists, it is best to explore all options with the hospital social worker prior to the patient being discharged. Anecdotally, Medicaid approved nursing homes are crowded, so it would be wise to check out a number of facilities in person ahead of time.

Wills and trusts lawyers in Houston will be the first to tell you that investigating and understanding your options, and implementing preparations before a crisis occurs is the prudent course of action to take.        

We work with families every day to explore such options and also help families implement the best asset protection strategies to preserve the things they’ve worked so hard for without jeopardizing the ability to qualify for Medicaid.  If you would like to know these options, we invite you to give our office a call at (281) 218-0880 and ask about our Lifetime Legacy Planning Sessions.

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Thursday, May 19, 2011

Houston Living Will Attorney Helps Clients Plan for an Unexpected Disability

Here in Houston, living will attorneys know full-well the ramifications of not planning ahead for an unexpected disability.  Even those clients who understand the importance of estate planning tend to overlook what would happen if they should become unable to care for themselves.  It’s not the happiest thought, but the reality of not having a living will can make the situation considerably worse for both you and your family.

A major disability can be devastating to an entire family, both emotionally and financially.  Pre-planning for the possibility can reduce some of the heartache that often accompanies these situations.

Medical Concerns

You may assume that your spouse would simply make decisions for you if and when a major problem takes place.  Ask yourself, if he or she really wants to be responsible for some of those decisions. For example, if you were in a coma, how would your spouse react to making the choice of whether or not to stop life support?  Even if your loved ones know your wishes, simply having them in a formal document can remove a considerable burden and amount of potential guilt.

A living will attorney can help you to draw up these documents so that your family does not have to make these choices.  The attorney can also assist by offering insight into situations you likely wouldn’t have considered.  Are you opposed to a blood transfusion?  Are you adamantly against ending life support?  What needs to happen if you become mentally disabled?  Who should be given power of attorney over your other health-related issues?

Financial Concerns

Having a major illness or injury is very expensive and can keep you from working during and after hospitalization.  Your Houston living will attorney will also advise you on what needs to happen financially if you are unable to take care of your own needs.  For example, you will likely set up a power of attorney, as well as to determine how long-term care will be paid for.  Will you need to sell your house?  Will you be eligible for disability insurance?  These are all questions that the living will attorney will go over with you.

There are plenty of other considerations that need to be addressed by a <insert city> living will attorney.  From what will happen to your children to where you might end up in nursing care, there are choices that need to be made.  Planning in advance with your attorney in Houston will ensure that your wishes are being followed if the time should come.

If you are ready to get started in creating a plan that will protect you and your family should incapacity or disability occur, give our office a call at (281) 218-0880 and ask to schedule a Lifetime Legacy Planning Session.  These sessions are normally $750, but you can come in free with the mention of this article.  However, these sessions are limited to 10 per month so call today!

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Thursday, May 12, 2011

Elder Attorney in Houston Offers Solid Advice in Pre-Planning for Nursing Home Care

By: Kim Hegwood, Elder Attorney In Houston

The decisions regarding placing a family member into a nursing home are some of the toughest that can be faced.  Talking to a Houston elder attorney in advance can provide an invaluable opportunity for pre-planning.  Unfortunately, many people do not think ahead when it comes to nursing home care, and that means that choices become even harder and more limited.

Pre-planning means that you can take the time necessary to make the right choices, and that the family member can even be involved in the decision-making process.  This is often not the case when a nursing home needs to be found immediately after an illness or injury.  Instead of dealing with the stress of being in crisis while trying to make wise choices, pre-planning with an elder attorney in Houston affords the time to shop around the area and think clearly.

When pre-planning for nursing home care, there are some important questions to ask:

1.  Will a nursing home be the right choice?  There are other options available depending upon the situation, and rather than “settling” for the obvious choice, pre-planning allows you to explore them.  It may be possible for your family member to remain at home with a health-care aide or to move into an assisted-living community.

2.  Is it difficult to get a family member into a nursing home?  By pre-planning with an elder care attorney in Houston, you can familiarize yourself with the process and go through the steps in a logical manner, rather than rushing to find an opening and being overwhelmed.  The admission process, negotiating costs, and dealing with an estate all take time and energy, and you will likely handle it much better without being in the midst of a crisis.

3. How do I find the right nursing home?  Your elder care attorney will likely have some great suggestions for you, as will your loved one’s doctors, social workers, and other health care professionals.  Once you’ve compiled a list of recommendations, go visit in person and plan to meet with the director.  If possible, your family member can be a part of this process, ensuring a better fit and more cooperation later on down the road.

Due to the Nursing Home Reform Act, there are a number of duties that the facility will be bound to perform.  Working with an experienced elder care attorney in Houston will ensure that you know your rights, as well as the responsibilities of both the family and the nursing home you choose.

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Wednesday, May 04, 2011

Working with Your Houston Elder Lawyer to Determine Your Long-Term Care Insurance Needs

For just about any Houston elder lawyer, it is clear that Americans are living longer, fuller lives.  We are fortunate to be getting more and more quality years in the typical lifespan.  Of course, there is still a need to plan for accidents, illness, and the eventual possibility that long-term care will be necessary.

Without long-term care insurance, life can become particularly difficult.  When costs start mounting up, you will likely have to pay them out of pocket until you are completely broke and have few assets left to pass on to your heirs.  Only then will Medicaid kick in.  Long-term care insurance can be expensive, but it can end up saving your estate in the long run.

The best way to ensure your needs are met is to be prepared.  Your Houston elder lawyer will be able to present you with a variety of options for long-term care insurance and other related considerations.  He or she will help you put together a reasonable plan that considered the following:

· What are you going to need?  You may need to do some research to determine what the costs are for long-term care in your area.  It is important to have a reasonable idea of what to expect so that you can have enough money to provide for your needs.  Don’t forget that costs continually go up, so if you are planning now in middle age, you will need a larger policy to cover the increases due to inflation and other variables.

· Save money in the long run by planning to pay for the elimination period.  By putting aside a reasonable amount of money that will cover expenses between the time that it is determined you need long-term care and when you insurance actually begins to cover it, you can end up with significantly lower premium payments.

· Work with your Houston elder lawyer to ensure you understand the coverage.  Wording and coverage both vary from policy to policy, and you want to ensure that you are getting coverage for exactly what you want.  Some policies limit the number of hours a week that you can have care, for instance, which can become problematic if you end up needing to pay for round-the-clock care.  You also want to make sure that the policy cannot be canceled or non-renewed when you reach a certain age or become ill.

Your Houston elder care lawyer will have extensive knowledge of what is most beneficial in our area and can help you plan for a future that protects both you and your assets.

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Thursday, April 07, 2011

Using an Elder Attorney in Houston for Nursing Home Decisions

By: Kim Hegwood, Elder Attorney in Houston

Elder lawyers specialize in certain aspects of senior life that many others have yet to even consider.  For example, as an elder attorney in Houston, it is important to be aware of the nursing home options available to clients, as well as any changes in laws that apply to this type of care.  When it comes to nursing homes, planning ahead is one of the best choices you and your elder attorney can make.

By planning in advance, an elderly family member is able to have a much greater say in what type of nursing home he or she will enter.  When these decisions are left until an emergency, however, the actual resident’s wishes are far less likely to be considered.  That is because placing an elderly person into a nursing home is incredibly stressful for all involved.  When it is done at the last minute as the result of some sort of “last straw” event, no one is thinking clearly anymore.

Working as an elder attorney in Houston has allowed me to develop a few guidelines for choosing the best nursing home for your needs.

1.     Start early.  Ask friends their opinions of nursing homes where they’ve lived or visited.  Your doctor may also be a great resource for finding out about the best local care.

2.     Don’t just base your decision on a few brochures and a price.  Instead, take the time to travel around Houston to actually conduct in-person visits to your top choices.  Showing up unannounced may help you to see what things are really like on a typical day.

3.     Make an appointment with the nursing home staff to discuss the care you or your loved one will receive.  Take notes and compare them among your top choices to ensure you’re making the choice that fits your needs.  If you have questions about what you should expect in Houston, elder lawyers are up-to-date on all applicable laws and regulations.

Making an informed choice regarding nursing home options will help you determine where you will receive either long or short-term care when it is needed.  A Houston elder lawyer can help you draw up necessary documents and review any contracts needed to solidify your choice.

Of course if you require further assistance in this area, please give our office a call at (281) 218-0880 and ask to schedule a Lifetime Legacy Planning Session. These sessions are normally $750, but you can come in free of charge with the mention of this article.  However, these appointments are limited to 10 per month so call today!

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Thursday, March 24, 2011

Houston Estates Lawyer Offers Advice on Talking to Your Parents about Their Estates

As a Houston estates lawyer, I know how common it is for each generation to avoid planning for their deaths.  Few people are eager to spend time thinking about their own mortality, including the parents that raised and cared for us.  Unfortunately, not spending a little time with a Houston estates lawyer can end up costing more than just a little time.

Discussing estate planning with your parents can be tricky.  Neither of you wants to think about the fact that they will one day pass away.  Not only that, but you likely don’t want to look greedy or uncaring.  That’s why you should approach the topic in a way that lets them know you have their best interests at heart.  Here’s two important things to keep in mind:

1. Estate Planning Protects your Parent’s Legacy

One of the most important things to remember when you’re discussing an estate is that it will be your parent’s legacy.  It is not the only way they’ll be remembered, but it does give them the opportunity to have a say in what becomes of the assets they worked so hard to acquire.  An experienced estate planning lawyer will be able to show them more options than they likely ever realized were possible.

2. Estate Planning Protects the Beneficiaries

Just because you’ve grown and gone out into the world doesn’t mean that your parents don’t still feel the need to “parent” you.  Taking the proper steps to plan their estate means that they can lessen the burden on their children and grandchildren at what is sure to be a difficult time.  Let your parents know that you want to follow through on their wishes, and by planning in advance, you can make sure that happens.

Acknowledging that our parents won’t always be here is a difficult thing to do, but it is a necessary part of preparing for the future.  By introducing the topic in terms of protecting their legacies and their beneficiaries, it is possible to turn the conversation into one of empowerment.  Once the subject has been brought out into the open, it’s best to take steps to speak with an experienced Houston estates lawyer to make everything official.

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Wednesday, November 03, 2010

Houston Elder Lawyer Discusses ‘What is Long Term Care and Why Do I Need To Think About It Now?’

By Kimberly Hegwood, Houston elder lawyer

As a Houston elder lawyer, I help people plan for long-term care costs on a regular basis.

Long-term care can include any service that helps people who have a prolonged illness. The illness can be a physical disability or a cognitive impairment such as Alzheimer’s disease or Dementia.  The services may include help with activities of daily living, home health care, adult day care, hospice care, nursing home care, or care in an assisted living facility.  The level of assistance required can include physical therapy, administration of medication, and help with daily activities such as bathing, eating, and dressing.

Paying for long-term care can be financially devastating to families. Contrary to what many people believe, Medicare coverage will not pay for most of the long-term care they will need if they suffer from a long-term illness. According to the U.S. Department of Health and Human Services, the average costs in the U.S. (in 2009) are:

  • $198/day for a semi-private room in a nursing home
  • $219/day for a private room in a nursing home
  • $3,131/month for care in an Assisted Living Facility (for a one-bedroom unit)
  • $21/hour for a Home Health Aide
  • $19/hour for a Homemaker services
  • $67/day for care in an Adult Day Health Care Center

It’s easy to fall into the trap of thinking that because you are now young and healthy you don’t need to worry about long-term care, but consider this:

  • Life expectancy after age 65 has now increased to 17.9 years, up from 1940 when life expectancy after 65 was only 13 extra years.  The longer people live, the greater the chance they will need assistance due to chronic conditions.
  • 44% of people reaching age 65 are expected to enter a nursing home at least once in their lifetime and 53% of them will stay for one year or longer.

So, the bottom line is that millions of us are going to need long-term care.   It is important to put an estate plan in place that will protect your assets if you become disabled.  I’ve seen too many instances where a family has waited until a crisis strikes to take action.  Most of the time it’s then too late to save their assets and income from the hands of such a facility.  

But instead, you can talk to an estate planning attorney now to ensure your bills will be covered in the long-run without losing your house, your assets or other income sources in the process.   To get started, simply call me, your neighborhood Houston elder attorney at 281-218-0880 for a free LIfetime Legacy Planning Session.

Together we’ll walk through the complicated world of long-term care planning to ensure your family is protected when they need it the most.

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Tuesday, July 06, 2010

Texas Probate and Privacy Do Not Go Together!

We hear a lot about probate, and most people know that this is something to be avoided, but most people cannot clearly define why.  Basically, probate is the process by which legal title of property is transferred from someone who dies to their heirs, or beneficiaries.  The process is this:

  1. The executor of the will has to prove it is valid.
  2. The judge will hear any objections to the will.
  3. The executor will provide a list of all the property, debts and taxes owed by the deceased and all of the beneficiaries named in the will.
  4. The beneficiaries and any creditors will be notified.

The length of the probate process in Texas depends upon the size of the estate and how long it takes to settle up any debts and taxes, but typically it lasts from three months to one year.

The cost of probate in Texas depends on several things such as whether or not there was a will, the size of the estate, and whether or not the will is contested. 

It is important to know that when a will is filed for probate, it is a public document and anyone can get a copy of it.   This means that anyone can walk into the County Clerk’s office and see who your beneficiaries are (and aren’t!), a complete list of your probate assets and the debts that you owed.

If you value your privacy, you should consider establishing a living trust. Living trusts are not subject to probate proceedings and are not a matter of public record.  When the living trust is done right and managed properly, there is no court supervision required whatsoever.  In other words, your estate remains private.

In the end, the decision about whether or not you can avoid probate should be made after consulting with an estate planning attorney.  This is why I offer a limited number of Lifetime Legacy Planning Sessions each month at no charge.  My passion is helping families put a plan in place that meets the needs of their particular situations. I can only offer 10 free sessions per month, so call our office today.

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Thursday, June 17, 2010

Houston, TX Elder Lawyer Offers 9 Critical Considerations In Searching for an Assisted Living Facility

From the Desk of Kim Hegwood, Houston, TX Elder Lawyer

As a Houston, TX Elder lawyer, I help seniors and their families make smart decisions regarding their end-of-life wishes and long-term care on regular basis.

And because of my experience in this area, I understand that the options facing seniors and their loved ones can be VERY expensive and overwhelming at times.  

Not to mention, there is never a good time to talk to a senior about moving into an assisted living facility, nor is mom or dad ever happy about relinquishing their last bit of independence into the hands of a nursing home.

Yet that is why it is extremely important for seniors (and their kids) to do their due diligenceand proactively plan ahead to ensure they can qualify (or even afford) a facility that best meets their ongoing medical and long-term care needs.

Of course in the 21st century there are many options as far as retirement communities are concerned.  These options include independent retirement communities, assisted independent communities, at-home assisted living, at-home nursing care, live-in nursing homes, and the list just continues.

All these options may feel overwhelming at first, but there are a number of tips and tools that your family can rely on in their quest to weed out the good long-term care facilities from the bad.

In fact, US News and World Report recently published an article listing nine key things to consider when searching for an assisted living facility.  The tips they gave were extremely valuable, and for that reason I have summarized them here below:

  1. Reflect on the values of you or your loved one. Figure out what is important in your life and make sure that it is going to be incorporated in your living arrangements.
  2. Consider your future needs. Are you or your loved one going to require more assistance later on? What about when your mobility changes? Do you have any kind of progressive illness? The answers to these questions will help you find a place that is just right for your current and future needs.
  3. Make sure that the facility is licensed. You need to make sure that it is up to par with your state’s assisted living regulations. Go to eldercare.gov and search by zip code.
  4. Assess the financial stability of the facility. Let’s face it – in these times of financial straits, it is a real possibility that the facility that you are looking into has expanded beyond its capabilities. If it is not financially stable, it is probably not the place for you.
  5. Get referrals.  Talk to other people that are looking for retirement options. Contact your agency on aging.  Find out where everyone else is going.
  6. Ask if there is a waiting list. More than likely, for the good places, there will be. This is another reason to start early – don’t wait until you need a place to go. Plan ahead.
  7. Visit a few times. That means one scheduled tour and then a couple pop-in visits.  Take note of what is the facility is like when you show up unannounced. Try to make one of your surprise visits at night, too, to see what it is like when the day staff leaves.
  8. Talk with current residents. This is pretty self-explanatory: who will know the facility better and be more willing to tell the truth than the residents?
  9. Get a copy of the contract and review it with a lawyer. I know this sounds tedious but this will help you avoid being thrown a curve ball later on when you decide to move in. If there are parts of the contract you are not sure about, you can talk to the facility and see what you can work out.

As you can see, these 9 key considerations provide a great starting point for families seeking nursing home or assisted living care in Texas.   Yet finding a facility is only half the battle as you will also need to consider the costs and mounting expenses that accompany any long-term stay.

Contrary to popular belief, seniors do NOT have to forfeit their assets and everything they have worked so hard for to qualify for Medicaid.  Instead, a Houston, TX elder lawyer can help you implement a number of tools designed to proactively shield your assets (or your parent’s assets) without jeopardizing eligibility for federal assistance down the road. 

Yet these tools all depend on the senior’s personal situation,  how soon they will need nursing home or assisted living care and their own actions over the past few years (especially if they have ‘gifted’ their assets away improperly or without the help of an attorney!).

But if you are currently at theplace of planning for long-term care, I encourage you to call a Houston, TX Elder Lawyer before any binding decisions are made.  Here at Hegwood & Associates, PC, we have made the process easier than ever by offering seniors (or children of seniors) a FREE Lifetime Legacy Planning Session (normally $750) with the mention of this article.

Together in this session we will review your current situation (or plan if you have one), your assets and your end-of-life wishes to determine whether or not you and your family are truly protected should something unexpectedly happen.  I will also teach you how to maximize your assets and inheritance without sacrificing the ability to qualify for Medicaid in the future. 

Simply call (281) 218-0880 and mention this article to redeem your free session.  These appointments are limited to 10 sessions per month so call today!

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Tuesday, April 13, 2010

Remembering Terry Shiavo: How Two Simple Documents Can Protect You From Unwanted Medical Intrusions in Texas

Last week, the nation stopped to remember Terry Shiavo, a 41-year-old woman who was removed from her feeding tube and tragically left to die against the wishes of her family and friends.  

Shiavo, who was in a permanent vegetative state after suffering heart failure in 1990, did not have advanced health care directives allowing her parents to intervene medically on her behalf.    Sadly, her estranged husband and the U.S. Court system made the final decision to remove Shiavo from her tube in which she ultimately starved to death over a two-week period.

Sadly, very few lessons were learned by Shiavo’s high profile death, as many Texans are still without necessary medical directives which state their end-of-life wishes and who can legally intervene on their behalf.

As a Houston estate planning lawyer specializing in medical directives and living wills, I deal with the unfortunate consequences of this every day in my practice.

Many times families come to me after a loved one is incapacitated or in a vegetative state following an accident.  By the time they get to my office, the family is torn apart and battling over issues such as life support, long-term care, what he or she “would have wanted” if they could speak,  how to access the injured’s finances to pay for their expensive treatments….and the list goes on.

And of course it breaks my heart to tell these families that their options are now very limited because the injured party did not properly protect themselves or document their wishes in the event of an accident (and I’m not talking about documenting with a will either…a will does not help your family if you don’t actually die).

But the good news is that every Texan over 18 years of age can protect themselves from such unwanted intrusions into their medical care (whether that be from family members or the courts) with two simple documents:

  • A medical power of attorney—which gives the appointed guardian of your choice permission to make medical decisions on your behalf; and
  • A directive to physicians – which allows you to instruct physicians not to use artificial life-saving methods if you are severely injured in an accident.

If you haven’t already executed these directives and would like to properly document your end-of-life wishes once and for all, please call our office to talk about setting up advanced medical directives and a medical power of attorney in Houston, TX.  

These planning sessions typically cost $750, but if you mention this article when you call, we’ll waive the fee, as you’ve already taken a big step in the right direction of educating yourself on proper end-of-life care.

So don’t wait—call me, your personal Houston will and trust lawyer Kim Hegwood at (281) 218-0880 to get started.

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Hegwood & Associates assist clients with Estate Planning, Wills, Trusts, Pet Trusts, Special Needs Planning, Asset Protection, Elder Law, Veterans Benefits and Probate/Estate Administration in Houston, Texas as well as Webster, League City, Seabrook, Kemah, Pasadena, Friendswood, Dickinson, Bacliff, La Porte and Deer Park in Harris County and Galveston County.



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950 Gemini Street, Houston, TX 77058-2730 | Phone: (281) 218-0880
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