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By Pamela D. Wilson, CSA, MS, BS/BA, CG, The Care Navigator
Your client's memory loss is progressing and you've known him for years. It's time to begin talking about legal matters relating to aging. Dan, your client, is estranged from his family and doesn't really have anyone close who might be a good advocate. However he mentions that he has talked to Tom, the person who has been cutting his hair for years, and Tom might be interested in being his medical power of attorney.
You skillfully attempt to talk to Dan about the fact that Tom is his barber and may not be the most appropriate person to make medical decisions, however Dan balks because he and Tom "know" each other. You visit Tom and find out that their degree of "knowing" each other is limited to chair time over the past 20 years. Tom really doesn't want to be responsible for making medical decisions for Dan but didn't want to say no because he is aware Dan has no one else who can do this for him.
What other options do you have? The obvious, appointing someone from your office to be Dan's medical power of attorney but you realize they don't have the expertise or a real desire to act. The troubling fact is that Dan has been your client for years and you are concerned about just appointing anyone, after all you wouldn't want a stranger appointed for you who had the ability to "turn off your switch".
Introducing a professional working in health care to your client who you know to be reputable or finding a reputable referral is a good option to fill this role. It is helpful if the individual has a working relationship with physician offices, hospitals, retirement communities, etc. and serves as an advocate. I'm often asked to serve as power of attorney (or guardian) for an individual but I too also like to know that we can have a positive relationship because of the seriousness of the task. My first step is to meet the person to see if there is a sense of connection that can be developed over time. If not, I respond no to the request. If yes, I like to spend a few hours with the individual getting to know them and their preferences. This also gives the individual time to know me and to consider if they believe I would be an appropriate advocate.
Sometimes there is just no one else who can serve in this capacity and you as an attorney are placing your reputation on the line by making a recommendation. If you work in the elder care arena, cultivating a relationship with an individual who can provide this service for your clients is important. Especially in situations where family may exist but due to a high level of dysfunction it is much better for your client to appoint someone who has no personal interest in the situation. Sometimes this is actually preferred by family members who cannot agree.
Even in situations where family may be power of attorney, guardian or conservator; especially if they live out of town or they live in town and are employed and busy with family, I serve as the conduit. I manage day to day health care affairs; ensure that bills are paid on time, food is in the refrigerator and that the person receives an appropriate level of oversight. Many family members simply do not have the time to spend with a loved one working through this myriad of details and would prefer to spend recreational time with the family member, visiting or going on outings.
Imagine being able to offer your clients a reputable resource that will not only save them time but relieve them of tasks they see as tedious while providing an opportunity to enjoy their loved one. Your clients will be looking to refer you to others they know in a similar situation.
Copyright © 2009 Pamela D. Wilson All rights reserved. This publication may not be reproduced by any mechanical, photographic or electronic process, transmitted or otherwise copied for public or private use without prior written permission from the author. Website: www.thecarenavigator.com
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