The trauma of a major medical crisis is compounded by a lack of advanced legal and financial planning.  We can wag our heads all day about someone’s failure to properly plan, but we must realistically deal with the hand that is dealt to the family of someone who has failed to plan. The key decision-making steps are as follows:

  1. Determine the appropriate emergency care the person and whether there is an ability to give medical consent and to have access to financial resources to pay for it.
  2. If there is inability to deal with the medical decision making or there are insufficient financial resources available, consult an attorney immediately about guardianship.
  3. After the initial emergency, seek a clear assessment and diagnosis and determine whether the patient has enough capacity to sign any legal documents.
  4. If it is not possible for the patient to sign any legal documents, it is probably necessary to begin a permanent guardianship proceeding.
  5. Determine the resources to pay for the appropriate long-term care of the patient, seek a professional consultant to find the correct long-term care facility, or in-home care, and determine the patient’s resources to pay for that care.
  6. If it is clear that the patient’s resources are going to be inadequate for the short or long term, consult an attorney concerning Medicaid planning.

At Pyke & Associates, we have experienced professionals in all phases of estate planning, including powers of attorney, Medicaid planning and qualification, and court guardianships in both emergencies and on a permanent basis.  As a general rule, we do not charge for consultations, so do not fear to contact our office to determine whether our services are needed.  We are here to talk you through these complex issues and quote you flat, fair fees when we can provide proper legal assistance.

This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, specific tax, legal or accounting advice. We can only give specific advice upon consulting directly with you and reviewing your exact situation.