Healthcare and matters related to caregiving are heavily regulated because negative outcomes may result in death or lifetime disabilities. Therefore, hundreds of laws exist to protect the privacy, health, and safety of those who access and interact with the healthcare community or need services related to insurance, mental, physical, or emotional health.
In addition, the government attempts to pass laws and regulations that provide fair and equal access to treatments to ensure an individual’s right to decide on self-care. I’ve worked in healthcare for 30 years and am familiar with many of these laws. Understanding how these laws work and the basis for why they exist will assist you in obtaining the help you may need to protect your rights to care.
Understanding Legal Terms Related to Medical Decisions What is a power of attorney (POA)? A “Power of Attorney” (POA) means that you have designated someone to act as your agent if you are incapable of making decisions for yourself. Usually, a written, legal document spells out the agent’s decision-making authority. Most general POAs give agents […]
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Care Agreements and Medicaid Eligibility Previously, I shared how to determine what duties you might continue to perform and which ones you should give to a paid caregiver. Once you decide, it’s important to verbally discuss the expectations with the caregiver and follow that conversation up with a summary of what you said. Make the
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What is a Care Agreement? A care agreement is a written document that spells out what the caregiver and the family member agree will be the caregiver’s job duties. Furthermore, the Agreement includes expectations about job duties, including services, assistance needs, etc. For example, the scope of care may include only activities of
The Care Recipient Always Has Final Decision Making Authority Provided Competency Is Present Determining who has authority and the right to final decision-making is often unclear. The person receiving care always maintains final decision-making authority over his care, as long as he remains competent. However, other family members may want
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