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Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys

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Home » Resources » Frequently asked questions » Advance Health Care Directives FAQs

Advance Health Care Directives FAQs

    • What is an advance directive for health care?

    • This is not a very pleasant subject to contemplate, but you may become unable to communicate decisions when you are experiencing a medical condition. You use advance directives for health care to state your wishes in a proactive manner.

    • What is the most important advance directive?

    • Your incapacity plan will start with a living will, which is a document that has nothing to do with financial asset transfers. In a living will, you state your preferences regarding the use of life-sustaining measures.

      These would include feeding tubes, artificial hydration, cardiopulmonary resuscitation, and mechanical ventilation. You can actually itemize your choices with regard to each different type of life-support if you choose to do so.

      A living will can also include your organ and tissue donation designations. If you have personal preferences regarding the use of comfort care medications, you can make your wishes known in your living will.

    • What about decisions that are not related to life-support?

    • This is a very good question, and this is why you need more than one advance directive for health care.

      Most people are aware of the fact that a power of attorney can be used to give someone else the ability to act on your behalf in a legally binding manner.

      There are general powers of attorney that grant sweeping powers for all different types of decision-making, and there are limited powers of attorney.

      A standard power of attorney would no longer be in effect upon the incapacitation of the grantor. However, a durable power of attorney would remain effective, and this is the type of POA that should be used for incapacity planning purposes.

      Your plan can include a durable power of attorney for health care to name an agent to make decisions on your behalf if it becomes necessary. You can add an alternate agent to assume the role if the first choice is not available for some reason.

    • Are doctors automatically allowed to share health care information with the agent?

    • In fact, the answer is no because of a provision that is contained within the Health Insurance Portability and Accountability Act (HIPAA). This measure was enacted in 1996 to ensure patient privacy.

      When you are developing your incapacity plan, you should include a HIPAA release to give the agent the ability to speak freely with your doctors. You can also grant this access to other people if you choose to do so.

      While we are on the subject of the HIPAA release, we should share some added insight. The protections extend to all adults, including young people after they celebrate their 18th birthdays.

      You should keep this in mind if you have children, because you would not be able to communicate openly with their physicians unless they have signed releases.

    • What about financial matters?

    • Your incapacity plan should go beyond the health care concerns and address financial matters as well. You could execute a durable power of attorney for property to empower a representative to handle your financial affairs.

      If you have a revocable living trust, you would act as the trustee while you are alive and well. In the trust declaration, you can name a disability trustee to assume the role if you become incapacitated. This can apply to physical incapacity along with cognitive impairment.

Schedule a Consultation Today!

As you can see, there are a number of different bases that should be covered when you are planning your estate. This is one of the reasons why you should discuss everything in detail with a licensed Los Angeles estate planning attorney.

When you choose our firm, we will put you at ease and gain an understanding of your situation. After we make recommendations and you decide to move forward, we will develop a custom-crafted plan that is ideal for you and your family.

You can set the wheels in motion right now if you give us a call at 310-337-7696, and you can use our contact form if you would rather send us a message.

 

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Testimonials

Client Review
July 29, 2020
    

We need to update our Living Trust and attended Schomer Law Group’s seminar. Afterwards we made an appointment and were impressed by the attention Scott Schomer and Liran Aliav gave to our case answering all questions and making suggestions how to minimize the estate tax. All the office staff is very friendly and we highly recommend Schomer Law Group.

Frank & Jutta R
Client Review
July 29, 2020
    

Mr. Schomer does an amazing job at explaining all the intricacies of establishing a trust. He and his team help you every step of the way so you always know what to expect and what you are preparing for. Best education you can get and the best gift you can give your family.

Paula M.
Client Review
July 29, 2020
    

We put off getting a trust for years. After attending a seminar with Scott Schomer we realized that the time had come to get a trust. We were given very good reasons for why we should get a trust. No pressure, just the plain facts. We are very relieved and happy to finally get our trust. Scott and Cesar were very knowledgeable, helpful and listened to our ideas of what we had to say. Any questions that we have now and in the future they are available to assist us to solve them. I recommend the Schomer Law Group and I wish we knew about them years ago.

Phillip G.
Client Review
July 29, 2020
    

When you’re presented with an invitation to attend in a mailer, you may have reservations, this was a truly gift!! My wife and I were educated and guided through the process of creating a family trust.
Both of our parents had attorney’s that “worked” with wills/trusts, but came up short. Fortunately, the Schomer Law Group was there! This is a group of attorney’s that only specialize in estate planning, law, and financial advice, so you know you’re getting expert and personalized advice. This is the best money we’ve ever spent!! Thank you!

Bob L.
Client Review
July 29, 2020
    

We knew we had to update our 10 year old ( 20 page ) trust. After several detailed meetings, Liran and Cesar produced a large ( 300 pages + ) highly detailed trust document that we have used to make sure our family estate is well managed and clearly understood.
They were all very helpful in answering myriad questions and explaining all the various options…

We would strongly recommend the Schomer Law Group to anyone with an estate of even modest means, to assure proper planning…

Bob S.
Client Review
July 29, 2020
    

We had contemplated updating our will and starting a trust for a number of years. After attending a talk by Scott Schomer we realized we were long overdue and the potential downside of not having our affairs in order was significant. Scott and his excellent team made the process simple and seamless. They were great listeners, addressed all our concerns and even pulled and processed all the paperwork from our financial institutions. If you are looking for assistance with estate planning, wills and trusts, we highly recommend Schomer Law Group.

Robert F.
Client Review
July 29, 2020
    

Very competent & informative – friendly atmosphere – ready to answer the most mundane questions – relaxed.

Joan S.
Client Review
July 29, 2020
    

Mr. Schomer was excellent in getting our family trust and estate affairs in order. My husband and I had put off doing this and Scott really made the process easy! He is very passionate in making sure his clients get all that they need and we really appreciated it. I would highly recommend him and look forward to the many years he will be available to assist our family.

Kim

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