9,075
edits
Difference between revisions of "Older People and the Law"
From Clicklaw Wikibooks
m
→Making a representation agreement
Drew Jackson (talk | contribs) |
Drew Jackson (talk | contribs) |
||
| Line 158: | Line 158: | ||
If you are worried about financial abuse, you can contact the places listed above under elder abuse. Also see the options for legal help listed in the [[Find Out More in Learning about the Law|Find Out More]] section. | If you are worried about financial abuse, you can contact the places listed above under elder abuse. Also see the options for legal help listed in the [[Find Out More in Learning about the Law|Find Out More]] section. | ||
===Making a representation agreement=== | ===Making a <span class="noglossary">representation</span> agreement=== | ||
[[File:Showing elderly woman paper.jpg|thumb|275px|right| link=| <span style="font-size:50%;">Image via www.shutterstock.com</span>]] | [[File:Showing elderly woman paper.jpg|thumb|275px|right| link=| <span style="font-size:50%;">Image via www.shutterstock.com</span>]] | ||
A '''representation agreement''' is a legal document that deals with health and personal care. It lets you choose someone to help you make certain decisions — or to make decisions for you — if you’re ever incapable of making those decisions yourself. The person you choose is called your '''representative'''. | A '''<span class="noglossary">representation</span> agreement''' is a legal document that deals with health and personal care. It lets you choose someone to help you make certain decisions — or to make decisions for you — if you’re ever incapable of making those decisions yourself. The person you choose is called your '''representative'''. | ||
There are two types of representation agreement. A '''standard representation agreement''' gives limited authority to your representative to make health and personal care decisions for you, as well as routine financial decisions. It doesn't allow a representative to make decisions about end-of-life care. | There are two types of representation agreement. A '''standard <span class="noglossary">representation</span> agreement''' gives limited authority to your representative to make health and personal care decisions for you, as well as routine financial decisions. It doesn't allow a representative to make decisions about end-of-life care. | ||
Even if someone is not mentally capable of managing their own affairs, they may be able to make a standard representation agreement. To do so, they need to understand what they’re agreeing to and what effect it will have on them. | Even if someone is not mentally capable of managing their own affairs, they may be able to make a standard <span class="noglossary">representation</span> agreement. To do so, they need to understand what they’re agreeing to and what effect it will have on them. | ||
An '''enhanced representation agreement''' gives more responsibility to your representative over health care and personal care decisions. (A representative has no authority to make legal or financial decisions under an enhanced representation agreement.) Your representative might even decide if you will or will not receive medical services necessary to continue life. | An '''enhanced <span class="noglossary">representation</span> agreement''' gives more responsibility to your representative over health care and personal care decisions. (A representative has no authority to make legal or financial decisions under an enhanced <span class="noglossary">representation</span> agreement.) Your representative might even decide if you will or will not receive medical services necessary to continue life. | ||
To make an enhanced representation agreement, you need to have full mental capacity. | To make an enhanced <span class="noglossary">representation</span> agreement, you need to have full mental capacity. | ||
In choosing a representative, it’s important to choose someone you know well and trust. Make sure they know your wishes. As your representative, they must respect those wishes, now and in the future, especially if you can’t speak for yourself. | In choosing a representative, it’s important to choose someone you know well and trust. Make sure they know your wishes. As your representative, they must respect those wishes, now and in the future, especially if you can’t speak for yourself. | ||
