If an aging parent or other close family member has an age-related medical emergency, concerned family members must act promptly to protect them. A stroke, major fall or dementia diagnosis can undermine an older adult’s independence. They may require immediate care and may no longer be able to live independently after their medical event or diagnosis.
The sooner that their family members act, the better the chances of mitigating financial and medical hazards associated with medical challenges later in life. Taking immediate action to establish an emergency elder law plan after a medical crisis can protect a vulnerable adult and their resources.
What can concerned family members do?
The first steps to take generally involve determining if the older adult has already planned for this exact situation. Gathering existing estate planning and long-term care paperwork, including powers of attorney and advance directives, can help concerned parties uphold any arrangements already established by the older adult.
If the older adult does not already have durable medical power of attorney in place and they have not yet lost capacity, having them sign now ensures there is someone to manage their medical needs as their condition progresses. If they are unconscious or otherwise incapacitated, families may need to initiate emergency guardianship or conservatorship proceedings in the Colorado courts.
If the older adult does not already have an asset protection plan and has not engaged in long-term care planning, Medicaid crisis planning may be necessary. An attorney can help identify vulnerable resources and create a plan to increase an older adult’s eligibility for Medicaid while protecting as much of their personal property as possible.
Especially in scenarios where the person who experiences a sudden emergency did not have an estate plan in place, immediate action may be necessary to ensure they qualify for key benefits and have someone to manage their affairs. Their resources could prevent them from securing long-term care Medicaid benefits or could be at risk of liquidation to pay for their care.
Prompt legal action can limit the lasting challenges generated by sudden medical issues and help an older adult to secure services and benefits they need, such as a room in a nursing home and Medicaid long-term care benefits to cover associated costs. Consulting with an experienced elder law attorney as soon as possible can help families provide the support an older adult needs after an emergency accordingly.