Legal Services for Seniors Acadiana Legal Service Corporation Thursday, June 28, 2012 Lafayette Greenhouse.

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Presentation transcript:

Legal Services for Seniors Acadiana Legal Service Corporation Thursday, June 28, 2012 Lafayette Greenhouse

Who are we? Private law firm Started in 1979 Non-profit No charge Civil cases only

Technology Grant Every Thursday morning At the Greenhouse on the Thruway ½ hour on a legal topic Instruction on touch-screen computers Get legal information on your own

lawhelp.org/la

Decision-Making Capacity

Presumption is that you have the right to decide If over 18 And a court has not taken it away Legal Capacity Who gets to make important decisions for you?

Medical decisions Self-care Management of finances Executing a Will (Testament) Judging Capacity How can you tell if someone is able to make their own decisions?

Court process Infirmity impairs ability to consistently make or communicate reasoned decisions Should be limited A Curator is appointed Can be lifted Interdiction (Guardianship) How does someone lose the right to make their own decisions?

Interdiction Alternatives Someone you care about is having trouble remembering to pay their bills on time. You don’t think they need to be interdicted. They DO need some help, but are afraid to ask. What can you suggest to avoid interdiction?

Representative Payee/Joint Accounts Elderly Protective Services Mandate/Power of Attorney Living Will Interdiction Alternatives

Your family has an adult child who abuses drugs or alcohol. Mental illness is causing a friend or family member to act irrationally, dangerously. Their behavior repeatedly causes problems. Can’t you just “Lock him up”? What to do?

Danger to self or others Mental illness/Substance abuse Court order required NOT about competence Temporary Emergency certificates Civil Commitment

Delegating Capacity Your declining vision is making it hard for you to drive or write checks to pay your bills each month. You’d like your daughter to handle some of your shopping and banking for you. What can you do to give her that power?

Must have capacity to give Can not be taken, only given Should be limited Writing sometimes required (health care) Agent must act responsibly Delegating Capacity - Mandate

Living Wills (Advance Directives) Patient is making the decision Must have capacity to execute directive Limited to certified “terminal and irreversible” Selects types of treatment/procedures

Living Will Example Provisions

You make your own decisions Curator or Tutor Health care agent Living Will State law Who has the Right to make your Medical Decisions?

You are in a serious car wreck. Acadian Ambulance brings you to the Emergency Room unconscious. The doctor says you need surgery. Who decides whether you have surgery or not? Who has the Right to make your Medical Decisions?

Patient Tutor/Curator Health Care Agent Spouse not judicially separated Adult child Sibling Ascendants or descendants In loco parentis Medical Decision Makers (in LA)

YOU Make the Call! Your husband needs a transfusion You don’t want him to have it His sisters say transfuse him or they’ll sue His Living Will says “no transfusions” His brother has his health care power of attorney His brother says “transfuse him”

YOU Make the Call! Your 40 year old son’s kidneys have shut down, but he refuses dialysis He knows this is “how the Russians plan to corrupt his precious bodily fluids” He understands that his heart may fail He has no Living Will, Health Care Agent, or other living relatives

YOU Make the Call! Your 89 year old wife is terminal and comatose Without artificial nutrition & hydration, she will lose her life in a few days She has no Health Care Agent or Living Will Two of your adult children say, “put in the tubes” The other adult child says “leave her alone” You say “withhold treatment”

YOU Make the Call! Your are in the emergency room after a car crash You’re unconscious, need your spleen removed Hospital has no prior history with you (no medical history, no Power of Attorney, no Living Will, no idea who your relatives might be) Will they do the operation?

Questions?

Legal Services for Seniors Acadiana Legal Service Corporation Thursday, June 28, 2012 Lafayette Greenhouse